United States District Court, E.D. Texas, Beaumont Division
AMENDED 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 October 16, 2017, alleging
that the Defendant, Curtis Wayne Adams, 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
Wayne Adams was sentenced on July 13, 2009, before The
Honorable Ron Clark, of the Eastern District of Texas, after
pleading guilty to the offense of possession with intent to
distribute cocaine base, a Class B felony. This offense
carried a statutory maximum imprisonment term of 40 years.
The guideline imprisonment range, based on a total offense
level of 21 and a criminal history category of VI, was 60 to
71 months. Curtis Wayne Adams was subsequently sentenced to
71 months' imprisonment followed by a 5 year term of
supervised release subject to the standard conditions of
release, plus special conditions to include drug aftercare,
financial disclosure, and a $100 fine.
The Period of Supervision
December 2, 2015, Curtis Wayne Adams completed his period of
imprisonment and began service of the supervision term.
September 22, 2017, conditions were modified to include a
requirement that the Defendant shall reside in and
participate in the community corrections component of a
Community Corrections Center, as instructed, until
successfully discharged by the center director, but no longer
than 180 days from admission.
States Probation filed the Petition for Warrant for Offender
Under Supervision raising three allegations. The petition
alleges that Curtis Wayne Adams 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 illegally possess a
Allegation 3. The Defendant shall reside in a residential
reentry center or similar facility, in a community
corrections component, for a period of 180 days from
admission until successfully discharged by the center
director. You shall abide by the rules and regulations of the
center, and pay subsistence according to the U.S. Bureau of
12, 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 ...