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United States v. Branson

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

May 25, 2018

UNITED STATES OF AMERICA
v.
MARK ANTHONY BRANSON (1)

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          Zack Hawthorn United States Magistrate Judge

         Pending 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. CR-59.

         I. The Original Conviction and Sentence

         Branson 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.

         II. The Period of Supervision

         On January 11, 2017, Branson completed his period of imprisonment and began service of the supervision term.

         III. The Petition

         United 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 officer.
Allegation 3. The Defendant shall notify the probation officer ten days prior to any change of residence or employment.

         IV. Proceedings

         On May 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.

         At the 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 ...


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