Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Story

United States District Court, E.D. Texas, Tyler Division

November 20, 2017

UNITED STATES OF AMERICA
v.
TRAVIS LEE STORY (11)

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          K. NICOLE MITCHELL, UNITED STATES MAGISTRATE JUDGE.

         Pending is a “Petition for Warrant or Summons for Offender under Supervision” filed October 19, 2017, alleging that the defendant, Travis Lee Story, violated his conditions of supervised release. This matter is referred to the undersigned United States Magistrate Judge for review, hearing, and submission of a report with recommended findings of fact and conclusions of law. See United States v. Rodriguez, 23 F.3d 919, 920 n. 1 (5th Cir. 1994); see also 18 U.S.C. § 3401(1) and Local Rules for the Assignment of Duties to United States Magistrate Judges.

         I. The Original Conviction and Sentence

         Defendant was sentenced on September 16, 2014, by United States District Judge Leonard Davis, after pleading guilty to the offense of Felon in Possession of a Firearm, a Class C felony. This offense carried a statutory maximum imprisonment term of 10 years. The guideline imprisonment range, based on a total offense level of 17 and a criminal history category of IV, was 37 to 46 months. Judge Davis departed from the advisory guideline range due to a binding plea agreement and sentenced Defendant to 36 months of imprisonment followed by a 3-year term of supervised release subject to the standard conditions of release, plus special conditions to include financial disclosure, drug aftercare and mental health treatment.

         II. The Period of Supervision

         On May 26, 2016, Defendant completed his period of imprisonment and began service of the term of supervised release. The case was reassigned to Judge Michael H. Schneider on April 2, 2015. On July 1, 2016, Defendant's supervised release conditions were modified to include 120 days in a residential reentry center or similar facility. The case was then reassigned to Chief Judge Ron Clark on September 21, 2016.

         III. The Petition

         United States Probation Officer Laura Palafox filed the Petition for Warrant for Offender Under Supervision raising seven allegations. The petition alleges that Defendant violated the following conditions of release:

Allegation 1. The defendant shall not commit another federal, state, or local crime. Here, it is alleged that on September 22, 2016, Mr. Story was convicted of Driving While Intoxicated BAD >=0.15 and that Mr. Story was sentenced to 120 days of confinement.
Allegation 2. The defendant shall not leave the judicial district without permission of the Court or probation officer. Here, it is alleged that on or about September 8, 2017, Mr. Story traveled to Dallas, Texas, leaving the judicial district without permission of the Court or the probation officer.
Allegation 3. The defendant shall report to the probation officer as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month. Here, it is alleged that Mr. Story failed to submit a monthly report for the months of April 2017, May 2017, July 2017 and September 2017.
Allegation 4. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons. Here, it is alleged that on August 25, 2017, Mr. Story quit his job and has not been employed since that date.
Allegation 5. The defendant shall notify the probation officer ten days prior to any change of residence or employment. Here, it is alleged that on August 25, 2017, Mr. Story quit his job and failed to notify the probation officer 10 days prior to his change of employment. On or about September 8, 2017, Mr. Story was not residing at his reported address and failed to notify his probation officer 10 days prior to his change in residence.
Allegation 6. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician. Here, it is alleged that on October 18, 2017, Mr. Story submitted a urine specimen which tested positive for methamphetamine and marijuana. Lab results are pending. On October 18, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.