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United States v. Toran

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

July 23, 2019

UNITED STATES OF AMERICA
v.
JOHN DAVID TORAN

          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 June 13, 2017, alleging that the Defendant, John David Toran, 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

         John David Toran was sentenced on August 1, 2002, before The Honorable Howell Cobb, 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 80 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. John David Toran was subsequently sentenced to 188 months' imprisonment followed by a 8 year term of supervised release subject to the standard conditions of release, plus special conditions to include: the Defendant shall not commit any offenses against a foreign state or nation; financial disclosure; drug aftercare; and a $100 special assessment.

         II. The Period of Supervision

         On September 26, 2014, John David Toran completed his period of imprisonment and began service of the supervision term. His case was re-assigned to U.S. District Judge Thad Heartfield.

         III. The Petition

         United States Probation filed the Petition for Warrant for Offender Under Supervision raising five allegations. The petition alleges that John David Toran violated the following conditions of release:

Allegation 1. The Defendant shall not commit another federal, state, or local crime.
Allegation 2. The Defendant shall refrain from any unlawful use of a controlled substance.
Allegation 3. The Defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician.
Allegation 4. The Defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
Allegation 5. The Defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.

         IV. ...


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