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 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.
The Original Conviction and Sentence
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.
The Period of Supervision
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.
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.