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United States v. Adams

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

June 13, 2019

UNITED STATES OF AMERICA
v.
CURTIS WAYNE ADAMS

          AMENDED 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 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. CR-59.

         I. The Original Conviction and Sentence

         Curtis 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.

         II. The Period of Supervision

         On December 2, 2015, Curtis Wayne Adams completed his period of imprisonment and began service of the supervision term.

         On 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.

         III. The Petition

         United 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 controlled substance.
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 Prisons' guidelines.

         IV. Proceedings

         On June 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 ...


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