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United States v. Holmes

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

December 6, 2019

UNITED STATES OF AMERICA
v.
CHESTER LEE HOLMES

          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 May 1, 2019, alleging that the Defendant, Chester Lee Holmes, 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

         Chester Lee Holmes was sentenced on September 7, 2011, 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 21 and a criminal history category of V, was 70 to 87 months. Chester Lee Holmes was subsequently sentenced to 78 months' imprisonment followed by a 3 year term of supervised release subject to the standard conditions of release, plus special conditions to include drug aftercare, mental health aftercare, and a $100 special assessment.

         II. The Period of Supervision

         On February 17, 2017, Chester Lee Holmes completed his period of imprisonment and began service of the initial supervision term in this case. On March 7, 2018, Holmes' supervision was revoked, and he was sentenced to 9 months' imprisonment followed by 12 months of supervised release.

         On October 30, 2018, this case was reassigned to the Honorable Marcia A. Crone.

         On November 6, 2019, Chester Lee Holmes completed his period of imprisonment and began service of the instant supervision term.

         III. The Petition

         United States Probation filed the Petition for Warrant for Offender Under Supervision raising seven allegations. The petition alleges that Chester Lee Holmes 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 must not communicate or interact with anyone he knows is engaged in criminal ...

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