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United States v. Worthington

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

December 15, 2017

UNITED STATES OF AMERICA
v.
CHAD DAVID WORTHINGTON

          FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE

          KEITH F. GIBLIN UNITED STATES MAGISTRATE JUDGE

         Pursuant 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.

         After 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.

         STATEMENT OF REASONS

         A. Procedural History

         On May 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.

         On 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.

         B. Allegations in Petition

         The United States Probation Office alleges that the defendant violated a standard condition of his supervision as follows:

         The 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..

         Specifically, 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.

         C. Evidence ...


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