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United States v. Chatman

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

March 7, 2019

UNITED STATES OF AMERICA
v.
LYNNIE RAY CHATMAN

          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 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. CR-59.

         I. The Original Conviction and Sentence

         Lynnie 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.

         II. The Period of Supervision

         On September 1, 2017, Chatman completed his period of imprisonment and began service of the supervision term.

         III. The Petition

         United 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 a physician.
Allegation 3. The Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.

         IV. Proceedings

         On 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.

         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 first allegation that claimed he committed another federal, state, or local crime by driving while license invalid. In return, the parties agreed ...


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