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 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.
The Original Conviction and Sentence
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
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
The Period of Supervision
October 25, 2016, Darren Joseph Anderson completed his period
of imprisonment and began service of the supervision term.
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.