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United States v. Spikes

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

October 4, 2019

UNITED STATES OF AMERICA
v.
QUENTIN GERALD SPIKES

          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 14, 2019, alleging that the Defendant, Quentin Gerald Spikes, 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

         Spikes was sentenced on April 20, 2015, before The Honorable Ron Clark, of the Eastern District of Texas, after pleading guilty to the offense of Felon in Possession of a Firearm, a Class C felony. This offense carried a statutory maximum imprisonment term of 10 years. The guideline imprisonment range, based on a total offense level of 12 and a criminal history category of VI, was 30 to 37 months. Spikes was subsequently sentenced to 36 months' imprisonment followed by a 3 year term of supervised release subject to the standard conditions of release, plus special conditions to include financial disclosure, drug and mental health aftercare, obtain a GED and a $100 special assessment.

         II. The Period of Supervision

         On June 14, 2017, Spikes completed his period of imprisonment and began service of the supervision term. His case was reassigned to the Honorable Marcia Crone, U.S. District Judge for the Eastern District of Texas, Beaumont Division. On December 19, 2017, the term of supervised release was revoked, and Spikes was sentenced to a 6-month term of imprisonment followed by a 30-month term of supervised release. On October 26, 2018, his term of supervised release was revoked, and Spikes was sentenced to 8 months' imprisonment followed by an 18-month term of supervised release.

         III. The Petition

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

Allegation 1. The defendant shall notify the probation officer ten days prior to any change of residence or employment.
Allegation 2. The defendant shall participate in a program of testing and treatment for drug abuse, under the guidance and direction of U.S. Probation office, until such time as the defendant is released from the program by the probation officer.
Allegation 3. Under the guidance and direction of the U.S. Probation Office, the defendant shall participate in any combination of psychiatric, psychological, or mental health treatment as deemed appropriate by the treatment provider.

         IV. Proceedings

         On September 26, 2019, the undersigned convened a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure to hear evidence and arguments on whether the Defendant violated conditions of supervised release, and the appropriate course of action for any such violations.

         At the revocation hearing, counsel for the Government and the Defendant announced an agreement as to a recommended disposition regarding the revocation. The Defendant agreed to plead “true” to the first allegation that claimed he failed to notify the probation officer at least ten days prior to any change in residence or employment. In return, the parties ...


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