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United States v. Spikes

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

December 1, 2017

UNITED STATES OF AMERICA
v.
QUENTIN GERALD SPIKES

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          Zack Hawthorn United States Magistrate Judge

         Pending 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.

         I. 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 assessment.

         II. The Period of Supervision

         On June 14, 2017, Quentin Gerald Spikes completed his period of imprisonment and began service of the supervision term.

         III. The Petition

         United 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 testing.

         IV. Proceedings

         On 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 ...


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