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