United States District Court, E.D. Texas, Beaumont Division
REPORT AND RECOMMENDATION ON REVOCATION OF SUPERVISED
RELEASE
K.
NICOLE MITCHELL UNITED STATES MAGISTRATE JUDGE
On July
22, 2019, the Court held a final revocation hearing on a
Petition for Warrant or Summons for Offender under
Supervision. The Government was represented by Assistant
United States Attorney Frank Coan. Defendant was represented
by Assistant Federal Defender Ken Hawk.
Background
After
pleading guilty to the offense of Using a Computer to Entice
a Person Under Age 18 to Engage in Sexual Activity, a Class A
felony, Rob Roy Robinson (“Defendant”) was
sentenced on June 26, 2007, by United States District Judge
Marcia A. Crone. The offense carried a statutory maximum
imprisonment term of 10 years to life. The guideline
imprisonment range, based on a total offense level of 25 and
a criminal history category of I, was 120 months. Defendant
was sentenced to 120 months of imprisonment, followed by a
5-year term of supervised release. Defendant's
supervision is subject to the standard conditions of release,
plus special conditions to include Sex Offender Registration,
financial disclosure, drug treatment and testing, mental
health treatment, sex offender treatment with physiological
testing, no contact with minor children, restrictions from
portable electronic devices and internet, restrictions from
pornography, and search/seizure. Defendant completed his term
of imprisonment and started his term of supervised release on
August 7, 2015.
Allegations
In the
Petition seeking to revoke Defendant's supervised
release, filed on January 2, 2019, United States Probation
Officer Ashley McKinney alleges that Defendant violated the
following condition of supervised release:
1. Allegation 1 (mandatory condition): The defendant
shall not commit another federal, state, or local
crime. It is alleged that Defendant was arrested by
the Tyler Police Department in Tyler, Texas, on December 22,
2018, for the offense of Aggravated Assault Causes Serious
Bodily Injury, a second degree felony.
Applicable
Law
According to 18 U.S.C. § 3583(e)(3), the Court may
revoke the term of supervised release and require a Defendant
to serve in prison all or part of the term of supervised
release without credit for the time previously served under
supervision, if it finds by a preponderance of the evidence
that Defendant violated a term of supervised release.
Supervised release shall be revoked upon a finding of a Grade
A or B supervised release violation. U.S.S.G. §
7B1.3(a)(1). In the present case, Defendant's original
offense of conviction was a Class A felony. Accordingly, the
maximum imprisonment sentence that may be imposed is 5 years
of imprisonment. 18 U.S.C. § 3583(e).
Under
the Sentencing Guidelines, which are
non-binding,[1] if the Court finds by a preponderance of
the evidence that Defendant violated his conditions of
supervised release as alleged in the petition, he is guilty
of a Grade A violation. U.S.S.G. § 7B1.1(a).
Defendant's original criminal history category was I. The
Guidelines, therefore, provide that Defendant's guideline
range for a Grade A violation is 24 to 30 months of
imprisonment.
Hearing
On July
22, 2019, Defendant appeared for a final revocation hearing.
Assistant United States Attorney Frank Coan announced that
Defendant and the Government reached an agreement for
Defendant to enter a plea of true to Allegation 1 in the
petition and to jointly request a sentence of 24 months of
imprisonment, to be followed by 2 years of supervised
release. After the Court explained to Defendant his right to
a revocation hearing, he waived his right to a revocation
hearing and entered a plea of “true” to
Allegation 1 in the petition. Defendant requested a
recommendation to the Bureau of Prisons to confine him at FCI
Seagoville.
Findings
and Conclusions
I find
that Defendant is competent and that his plea and waiver of
the revocation hearing was knowingly and voluntarily made. I
accept Defendant's plea and find by a preponderance of
the evidence that Allegation 1 in the petition is true.
Defendant is guilty of a Grade A supervised release
violation. I further find and conclude that Defendant's
term of supervised release should be revoked and that he
should be sentenced to 24 months of imprisonment, to be
followed by 2 years of supervised release. Any criminal
history monetary ...