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United States v. Loggins

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

June 13, 2018

UNITED STATES OF AMERICA
v.
JENNIFER LYNN LOGGINS (28)

          REPORT AND RECOMMENDATION ON REVOCATION OF SUPERVISED RELEASE

          K. NICOLE MITCHELL, UNITED STATES MAGISTRATE JUDGE

         On June 13, 2018, the Court held a final revocation hearing on a Petition for Warrant or Summons for Offender under Supervision. The Government was represented by Assistant United States Attorney Frank Coan. Defendant was represented by Assistant Federal Defender Ken Hawk.

         Background

         After pleading guilty to the offense of Conspiracy to Distribute and Possess with Intent to Distribute Fifty (50) Grams or More of Methamphetamine, a Class B felony, Jennifer Lynn Loggins (“Defendant”) was sentenced on March 11, 2015 by United States District Judge Richard A. Schell. This offense carried a statutory maximum imprisonment term of 40 years. The guideline imprisonment range, based on a total offense level of 27 and a criminal history category of V, was 120 to 150 months. After accepting Defendant's FED.R.CIV.P. 11(c)(1)(1) plea agreement, Judge Schell sentenced Defendant to 72 months of imprisonment followed by a 4-year term of supervised release subject to the standard conditions of release, plus special conditions to include financial disclosure, drug testing and treatment, mental health treatment and a $100 special assessment. Defendant received a sentence reduction to 60 months of imprisonment on April 29, 2016.

         On December 30, 2016, Defendant completed her term of imprisonment and began service of the supervision term. The case was then re-assigned to United States District Judge Amos Mazzant on August 12, 2016. On November 14, 2017, Defendant's conditions of supervised release were modified to include 180 days of halfway house placement.

         Allegations

         In the petition seeking to revoke Defendant's supervised release, filed on May 29, 2018, United States Probation Officer Ben Sanders alleges that Defendant violated the following conditions of supervised release:

1. Allegation 1 (standard condition 7): The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician. It is alleged that Defendant submitted urine specimens that tested positive for cocaine on March 2, 2017, and November 21, 2017. It is further alleged that Defendant submitted urine specimens that tested positive for methamphetamine on July 5, 2017, and November 21, 2017. On October 20, 2017, Defendant allegedly admitted to using methamphetamine several days prior.
2. Allegation 2 (standard condition 7): The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician. It is alleged that on March 6, 2017, Defendant admitted to consuming alcohol to excess on or about February 28, 2017.
3. Allegation 3 (special condition): You shall participate in a program of testing and treatment for drug abuse, under the guidance and direction of U.S. Probation Office, until such time as Defendant is released from the program by the probation officer. It is alleged that Defendant failed to report for the random drug testing program on October 18, 2017.
4. Allegation 4 (special condition): The defendant must reside in a residential reentry center or similar facility, in a community corrections component for a period of 180 days to commence immediately. While at said facility, the defendant shall observe the rules and regulations of the center and not be required to pay subsistence according to the Community Corrections Center or Community Sanctions Center. It is alleged that Defendant was unsuccessfully discharged from County Rehabilitation Center on May 7, 2018, after she refused to provide a urine sample.
5. Allegation 5 (special condition): You shall participate in a program of testing and treatment for drug abuse, under the guidance and direction of U.S. Probation Office, until such time as Defendant is released from the program by the probation officer. It is alleged that, according to staff at County Rehabilitation Center, the defendant created a disturbance on May 8, 2018, after leaving her counseling session with Sherry Young. It was reported she yelled expletives across the parking lot after seeing a staff member. The director of County Rehabilitation Center informed the U.S. Probation Office that Ms. Loggins is no longer allowed on the property. As such, she was unsuccessfully discharged from treatment.

         Applicable Law

         According to 18 U.S.C. § 3583(e)(3), the Court may revoke the term of supervised release and require a Defendant to serve in prison all or part of the term of supervised release without credit for the time previously served under supervision, if it finds by a preponderance of the evidence that Defendant violated a term of supervised release. Supervised release shall be revoked upon a finding of a Grade A or B supervised release violation. U.S.S.G. § 7B1.3(a)(1). In the present case, Defendant's original offense of ...


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