United States District Court, E.D. Texas, Beaumont Division
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE
BEFORE THE UNITED STATES MAGISTRATE JUDGE
F. GIBLIN UNITED STATES MAGISTRATE JUDGE
to 28 U.S.C. § 636(b) and the Local Rules for the
District Court, Eastern District of Texas, the District Court
referred this matter for hearing and the submission of
findings of fact and a report and recommendation pursuant to
18 U.S.C. §§ 3401(i) and 3583(e). The United States
alleges that the defendant, Chad David Worthington, violated
conditions of supervised release imposed by Chief United
States District Ron Clark. The United States Probation Office
filed its Second Amended Petition for Warrant or Summons
for Offender Under Supervision (doc. #61) requesting the
revocation of the defendant's supervised release. The
Court conducted a hearing on December 13, 2017, in accordance
with Federal Rules of Criminal Procedure 11, 32 and 32.1. The
defendant was present and represented by counsel at the
hearing. Having heard the evidence, this court factually
finds that the defendant has violated conditions of
supervision and recommends that such violation warrants the
revocation of his supervised release.
conducting the proceeding in the form and manner prescribed
by Federal Rule of Criminal Procedure11, the Court finds:
a. That the defendant, after consultation with counsel of
record, has knowingly, freely and voluntarily consented to
the administration of the plea of true in this cause by a
United States Magistrate Judge subject to a final approval
and imposition of sentence by the District Court.
b. That the defendant is fully competent and capable of
entering an informed plea, that the defendant is aware of the
nature of the charges and the consequences of the plea, that
his plea of true is a knowing and voluntary plea, not the
result of force or threats, and that the plea is supported by
an independent evidentiary basis in fact establishing each of
the essential elements of the conduct.
20, 2011, The Honorable Ron Clark, U.S. District Judge of the
Eastern District of Texas, sentenced Mr. Worthington after he
pled guilty to the offense of Possession of an Unregistered
Firearm, a Class C felony. Judge Clark sentenced the
defendant to 61 months imprisonment followed by 3 years
supervised release subject to the standard conditions of
release, plus special conditions to include financial
disclosure and drug aftercare. On March 17, 2015, Mr.
Worthington completed his period of imprisonment and began
service of the supervision term.
August 31, 2015, Mr. Worthington's conditions of
supervision were modified to include mental health aftercare.
The Court modified his conditions again on April 13, 2017, to
include the condition that he reside in residential reentry
center or similar facility for 180 days.
Allegations in Petition
United States Probation Office alleges that the defendant
violated a standard condition of his supervision as follows:
defendant shall refrain from excessive use of alcohol and
shall not purchase, posses, use, distribute, or administer
any narcotic or other controlled substance, or any
paraphernalia related to such substances, except as
prescribed by a physician..
Mr. Worthington has submitted urine specimens positive for
illicit drug use on December 13, 2016 (amphetamine and
methamphetamine, benzodiazepine, and marijuana), February 5,
2017 (amphetamine and methamphetamine), and again on April
12, 2017 (amphetamine and methamphetamine). Mr. Worthington
has admitted, in writing, to consuming illicit drugs on each
of these positive specimens.