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United States v. Anderson

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

July 10, 2019

UNITED STATES OF AMERICA
v.
DARREN JOSEPH ANDERSON

          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 December 19, 2018, alleging that the Defendant, Darren Joseph Anderson, 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

         Darren Joseph Anderson was sentenced on October 27, 1995, before The Honorable Thad Heartfield, of the Eastern District of Texas, after pleading guilty to the offenses of: Count One -felon in possession of a firearm, a Class A felony; and Count Four - possession of a firearm during and in relation to a drug trafficking crime, a Class D felony. Count One carried a statutory maximum imprisonment term of life, and Count Four carried a maximum of five years. The guideline imprisonment range, based on a total offense level of 31 and a criminal history category of VI, was 188 to 235 months. Darren Joseph Anderson was subsequently sentenced to 248 months' imprisonment (188 months on Count One and 60 months on Count Four) followed by a 5-year term on supervised release and a 3-year term of supervised release to be served concurrently subject to the standard conditions of release, plus special conditions to include drug aftercare and a $100 special assessment.

         One August 24, 2016, the court entered an order granting a motion to vacate sentence and scheduled the Defendant to be re-sentenced on October 25, 2016. The court determined the guideline imprisonment range, based on a total offense level of 17 and a criminal history category of VI, was 51 to 63 months. The Defendant was subsequently sentenced to 63 months imprisonment as to Count 1 and 60 months as to Count 4, to be served consecutively, followed by concurrent 3-year terms of supervised release.

         II. The Period of Supervision

         On October 25, 2016, Darren Joseph Anderson completed his period of imprisonment and began service of the supervision term.

         III. The Petition

         United States Probation filed the Petition for Warrant for Offender Under Supervision raising four allegations. The petition alleges that Darren Joseph Anderson 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 unlawfully possess a controlled substance.
Allegation 3. 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 substance, except as prescribed by a physician.
Allegation 4. The Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.

         IV. ...


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