United States District Court, E.D. Texas, Beaumont Division
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR
OFFENDER UNDER SUPERVISION
Hawthorn United States Magistrate Judge
is a “First Amended Petition for Warrant or Summons for
Offender Under Supervision” filed May 8, 2018, alleging
that the Defendant, Mark Anthony Branson, 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); E.D. Tex. Crim. R.
The Original Conviction and Sentence
was sentenced on June 12, 2012, before The Honorable Thad
Heartfield, of the Eastern District of Texas, after pleading
guilty to the offense of Receipt and Possession of a Stolen
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 19 and
a criminal history category of VI, was 63 to 78 months.
Branson was subsequently sentenced to 78 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, no new credit, no
gambling, drug aftercare, mental health aftercare, the
defendant shall not draft any checks on any checking account
without first obtaining the account holder's permission
to draft a check for a specific amount of money, $9, 515.76
in restitution, and a $100 special assessment.
The Period of Supervision
January 11, 2017, Branson completed his period of
imprisonment and began service of the supervision term.
States Probation filed the First Amended Petition for Warrant
for Offender Under Supervision raising three allegations. The
petition alleges that Branson violated the following
conditions of release:
Allegation 1. The Defendant shall not commit another
federal, state, or local crime.
Allegation 2. The Defendant shall refrain from any
unlawful use of a controlled substance. Defendant shall
submit to one drug test within 15 days of release from
imprisonment or placement on probation and at least two
periodic drug tests thereafter, as directed by the probation
Allegation 3. The Defendant shall notify the
probation officer ten days prior to any change of residence
22, 2018, 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 release, and the appropriate course
of action for any such violations.
revocation hearing, counsel for the Government and the
Defendant announced an agreement as to a recommended
disposition regarding the revocation. The Defendant agreed to
plead “true” to the third allegation that claimed
he failed to notify the probation officer ten days prior to
any change of residence or employment. In return, the parties
agreed that he should ...