Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Uzzel

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

January 30, 2018

UNITED STATES OF AMERICA
v.
BRANDON KEITH UZZEL (1)

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          K. NICOLE MITCHELL, UNITED STATES MAGISTRATE JUDGE.

         Pending 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 Magistrate Judges.

         I. The Original Conviction and Sentence

         Defendant 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 health treatment.

         II. The Period of Supervision

         On February 20, 2015, Defendant completed his period of imprisonment and began service of the term of supervised release.

         III. The Petition

         United 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 2017.
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 2017.
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.