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 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.
The Original Conviction and Sentence
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.
The Period of Supervision
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was revoked, and he was sentenced to 9 months'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.
October 30, 2018, this case was reassigned to the Honorable
Marcia A. Crone.
November 6, 2019, Chester Lee Holmes completed his period of
imprisonment and began service of the instant supervision
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