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 “Petition for Warrant or Summons for Offender
Under Supervision” filed March 5, 2019, alleging that
the Defendant, Lynnie Ray Chatman, 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
Ray Chatman was sentenced on January 27, 2011, before The
Honorable Ron Clark, of the Eastern District of Texas, after
pleading guilty to the offense of Felon in Possession of a
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.
Chatman 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, intoxication
prohibition, drug aftercare, and a $100 special assessment.
The Period of Supervision
September 1, 2017, Chatman completed his period of
imprisonment and began service of the supervision term.
States Probation filed the Second Amended Petition for
Warrant for Offender Under Supervision (Doc. 60) raising
three allegations. The petition alleges that Chatman 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 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
Allegation 3. The Defendant shall notify the probation
officer within seventy-two hours of being arrested or
questioned by a law enforcement officer.
March 5, 2019, 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 first allegation that claimed
he committed another federal, state, or local crime by
driving while license invalid. In return, the parties agreed