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United States v. Clark

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

September 27, 2019

UNITED STATES OF AMERICA
v.
JESSICA KRISTIN CLARK

          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 August 27, 2019, alleging that the Defendant, Jessica Kristin Clark, violated her 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

         Clark was sentenced on December 10, 2015, before The Honorable Patricia Minaldi, of the Western District of Louisiana, after pleading guilty to the offense of Conspiracy to Possess with Intent to Distribute Methamphetamine, a Class A felony. This offense carried a statutory maximum imprisonment term of Life. The guideline imprisonment range, based on a total offense level of 27 and a criminal history category of IV, was 120 to 125 months. Clark was subsequently sentenced to 60 months' imprisonment followed by a 5 year term of supervised release subject to the standard conditions of release, plus special conditions to include not to possess a firearm, destructive device, or illegal substance; drug and mental health aftercare, 40 hours community service when not employed and a $100 special assessment.

         II. The Period of Supervision

         On November 27, 2017, Clark completed her period of imprisonment and began service of the supervision term. On June 18, 2019, jurisdiction was transferred from Louisiana Western to the Eastern District of Texas and assigned to The Honorable Marcia A. Crone, U.S. District Judge in the Beaumont Division.

         III. The Petition

         United States Probation filed the Petition for Warrant for Offender Under Supervision raising seven allegations. The petition alleges that Jessica Kristin Clark violated the following conditions of release:

Allegation 1. The Defendant shall not leave the judicial district without the permission of the Court or probation officer.
Allegation 2. The Defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
Allegation 3. The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training or other acceptable reasons.
Allegation 4. The defendant shall notify the probation officer ten days prior to any change of residence or employment.
Allegation 5. 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 substances, except as prescribed by a physician.
Allegation 6. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of ...

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