United States District Court, E.D. Texas, Beaumont Division
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR
OFFENDER UNDER SUPERVISION
Hawthorn United States Magistrate Judge
is a “Petition for Warrant or Summons for Offender
Under Supervision” filed November 30, 2017, alleging
that the Defendant, Quentin Gerald Spikes, 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(i) (2000); Local Rules for
the Assignment of Duties to United States Magistrate Judges.
The Original Conviction and Sentence
Quentin Gerald Spikes was sentenced on April 20, 2015, before
Chief U.S. District Judge Ron Clark, of the Eastern District
of Texas, 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 12 and a criminal history category of VI, was 30-37
months. Spikes was subsequently sentenced to 36 months'
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 treatment,
mental health treatment, obtain GED, and a $100 special
The Period of Supervision
14, 2017, Quentin Gerald Spikes completed his period of
imprisonment and began service of the supervision term.
States Probation filed the Petition for Warrant for Offender
Under Supervision raising four allegations. The petition
alleges that Quentin Gerald Spikes violated the following
conditions of release:
Allegation 1. The defendant shall report to the
probation officer in a manner and frequency directed by the
Court or probation officer.
Allegation 2. The Defendant shall refrain from
excessive use of alcohol and shall not purchase, possess,
use, distribute, or administer any controlled substance or
any paraphernalia related to any controlled substances,
except as prescribed by a physician.
Allegation 3. The Defendant shall not frequent
places where controlled substances are illegally sold, used,
distributed, or administered.
Allegation 4. The Defendant shall participate in a
program of testing and treatment for drug abuse, as directed
by the probation officer, until such time as the defendant is
released from the program by the probation officer. The
defendant shall pay any cost associated with treatment and
November 30, 2017, the undersigned convened a hearing
pursuant to Rule 32.1 of the Federal Rules of Criminal
Procedure to hear evidence and arguments on whether the
Defendant violated conditions of supervised ...