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United States v. Beckworth

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

May 25, 2018

UNITED STATES OF AMERICA
v.
KELLY ALLYN BECKWORTH

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          Zack Hawthorn United States Magistrate Judge

         Pending is a “Petition for Warrant or Summons for Offender Under Supervision” filed May 4, 2018, alleging that the Defendant, Kelly Allyn Beckworth, 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

         Kelly Allyn Beckworth was sentenced on June 21, 2016, before The Honorable Nelva Gonzales Ramos, of the Southern District of Texas, after pleading guilty to the offense of Transportation of an Undocumented Alien, a Class D felony. This offense carried a statutory maximum imprisonment term of 5 years. The guideline imprisonment range, based on a total offense level of 15 and a criminal history category of II, was 21 to 27 months. Kelly Allyn Beckworth was subsequently sentenced to 12 months' and one day imprisonment followed by a 3 year term of supervised release subject to the standard conditions of release, plus special conditions to include drug aftercare, required truthful testimony, and a $100 special assessment. Jurisdiction of Beckworth's case was transferred to United States District Judge Thad Heartfield in the Eastern District of Texas on March 23, 2018.

         II. The Period of Supervision

         On August 10, 2016, Beckworth completed his period of imprisonment and began service of the supervision term.

         III. The Petition

         United States Probation filed the Petition for Warrant for Offender Under Supervision raising three allegations. The petition alleges that Beckworth violated the following conditions of release:

Allegation 1. The Defendant shall not commit another federal, state, or local crime.
Allegation 2. The Defendant shall not possess a controlled substance.
Allegation 3. The Defendant shall participate in a program, inpatient or outpatient, for the treatment of drugs and/or alcohol addiction, dependency or abuse, which may include, but not be limited to urine, breath, saliva and skin testing to determine whether the defendant has reverted to the use of drugs and/or alcohol. Further, the Defendant shall participate as instructed and as deemed necessary by the probation officer with all rules and regulations of the treatment agency until discharged by the Program Director with the approval of the probation officer

         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 participate in a program, inpatient or outpatient, for the treatment of drugs and/or alcohol addiction, dependency or abuse and participate as directed by the probation officer with all rules and regulations of the treatment agency until discharged by the Program Director with the approval of the probation officer. ...


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