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United States v. Carreon-Herrada

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

December 9, 2019

UNITED STATES OF AMERICA
v.
CARLOS CARREON-HERRADA (1)

          REPORT AND RECOMMENDATION ON REVOCATION OF SUPERVISED RELEASE

          K. NICOLE MITCHELL UNITED STATES MAGISTRATE JUDGE

         On December 5, 2019, the Court held a final revocation hearing on a Petition for Warrant or Summons for Offender under Supervision. The Government was represented by Assistant United States Attorney Mary Ann Cozby. Defendant was represented by Assistant Federal Defender Matt Millslagle.

         Background

         After pleading guilty to the offense of Possess with Intent to Distribute a Quantity in Excess of 50 Kilograms of Marihuana, a Class C felony, Defendant Carlos Carreon-Herrada was sentenced on June 13, 2006 by United States District Judge George P. Kazen. The offense carried statutory maximum imprisonment terms of 20 years. The guideline imprisonment range, based on a total offense level of 15 and a criminal history category of I, was 18 to 24 months. Judge Kazen sentenced Defendant to 18 months of imprisonment followed by 3 years of supervised release. Defendant's supervision is subject to the standard conditions of release, plus special conditions to include 90 hours of community service, drug testing and treatment, and a $100 special assessment.

         Defendant completed his term of imprisonment and started his term of supervised release on March 13, 2007. On May 23, 2008, Defendant's supervised release was revoked and he was sentenced to time served, 6 months halfway house placement, and lifetime supervised release.

         Defendant's supervised release was revoked again on February 13, 2009. He was sentenced to 21 months of imprisonment followed by 3 years of supervised release. Defendant's supervised release was revoked for the third time on October 5, 2012. He was sentenced to time served followed by 5 years of supervised release. Jurisdiction was transferred to the Eastern District of Texas on March 12, 2015. The case was reassigned to United States District Judge J. Campbell Barker on September 20, 2019.

         Allegations

         In the First Amended Petition seeking to revoke Defendant's supervised release, filed on March 30, 2015, United States Probation Officer Ben Sanders alleges that Defendant violated the following conditions of supervised release:

1. Allegation 1 (mandatory condition): The defendant shall not commit another federal, state, or local crime. It is alleged that the defendant was arrested on March 16, 2015, in Cherokee County, Texas, for allegedly committing the offense of Aggravated Assault (Family Violence) with a Deadly Weapon, a First Degree Felony.
2. Allegation 2 (mandatory condition): The defendant shall not commit another federal, state, or local crime. It is alleged that the defendant was arrested on March 5, 2015, by the Jacksonville Police Department for allegedly committing the offense of Possession of a Controlled Substance, a Third Degree Felony.
3. Allegation 3 (standard condition 2): The defendant shall report to the probation officer as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month. It is alleged that the defendant failed to submit a written report for the months of January and February 2015.
4. Allegation 4 (standard condition 7): The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substances, or any paraphernalia related to any controlled substances, except as prescribed by a physician. It is alleged that the defendant submitted positive urine specimens for methamphetamine on January 7, 2015; January 14, 2015; January 27, 2015; February 11, 2015; and February 17, 2015.
5. Allegation 5 (special condition): The defendant shall participate in a program, inpatient or outpatient, for the treatment of drug and/or alcohol addiction, dependency or abuse which may include, but not limited to urine, breath, saliva and skin testing to determine whether the defendant has reverted to the use of drugs and/or alcohol. Further, the defendant shall participate as instructed and as deemed necessary by the probation officer and shall comply with all rules and regulations of the treatment agency until discharged by the Program Director with the approval of the probation officer. The defendant shall further submit to drug-detection techniques, in addition to those performed by the treatment agency, as directed by the probation officer. The defendant will incur costs associated with such drug/alcohol detection and treatment, based on ability to pay as determined by the probation officer. It is alleged that the defendant failed to report for drug testing at Drug and Alcohol Testing Compliance Service on January 21, 2015; January 29, 2015; February 3, 2015; February 9, 2015; February 19, 2015; February 26, 2015; and February 27, 2015. In addition, the defendant has failed to attend any counseling appointments with Addiction Recovery Services.

         Applicabl ...


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