United States District Court, E.D. Texas, Tyler Division
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR
OFFENDER UNDER SUPERVISION
NICOLE MITCHELL, UNITED STATES MAGISTRATE JUDGE.
is a “Petition for Warrant or Summons for Offender
under Supervision” filed April 20, 2017, alleging that
the defendant, Brandon Keith Uzzel, 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
The Original Conviction and Sentence
was sentenced on April 20, 2011, by United States District
Judge Leonard Davis, after pleading guilty to the offense of
Theft of Explosives from a Licensed Dealer, 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 15 and a criminal history category of VI,
was 41 to 51 months. Judge Davis sentenced Defendant to 33
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, substance abuse treatment and testing, and mental
The Period of Supervision
February 20, 2015, Defendant completed his period of
imprisonment and began service of the term of supervised
States Probation Officer Jason Stewart 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. It is alleged that Defendant
was arrested in Anderson County, Texas, on March 31, 2017 for
the offenses of Possession of Controlled Substance in Penalty
Group 1 <1g, and Failure to Identify.
Allegation 2. 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. It is
alleged that Defendant failed to report to the U.S. Probation
Department as scheduled on March 24, 2017 and failed to
submit a written report for the months of February and March
Allegation 3. The defendant shall work regularly at
a lawful occupation unless excused by the probation officer
for schooling, training or other acceptable reasons. It is
alleged that Defendant failed to obtain gainful and legal
employment for the months of January, February and March
Allegation 4. The defendant shall notify the
probation officer ten days prior to any change of residence.
It is alleged that Defendant failed to notify the U.S.
Probation Department of his change in residence on January 5,
2017 and on April 4, 2017, he admitted that he last resided
at his reported residence in December 2016.
Allegation 5. 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. It is
alleged that Defendant admitted on April 5, 2017 that he
consumed methamphetamine (crystal ice) on March 30, 2017.
Allegation 6. The defendant shall not associate with
any persons engaged in criminal activity and shall not
associate with any person convicted of a felony unless
granted permission to do so by the probation officer. It is
alleged that Defendant was associating with a known felon by
the name of ...