United States District Court, W.D. Texas, Austin Division
REPORT AND RECOMMENDATION OF THE UNITED STATES
HIGHTOWER UNITED STATES MAGISTRATE JUDGE
HONORABLE SAM SPARKS UNITED STATES DISTRICT JUDGE
Magistrate Court submits this Report and Recommendation to
the District Court pursuant to 28 U.S.C. § 636(b), 18
U.S.C. § 3401(i), and Rule 1(d) of Appendix C of the
Local Court Rules of the United States District Court for the
Western District of Texas.
the Court is the petition of the United States Probation
Office (“Probation Office”) recommending the
Court revoke Defendant's term of supervised release.
was found guilty of possession of a firearm after a felony
conviction, in violation of 18 U.S.C. § 922(g). On
February 13, 2009, Defendant was sentenced to 120 months
imprisonment, to be served consecutively to the re-sentence
imposed in No. 1:08-CR-155, for a total of 144 months'
imprisonment, followed by three years of supervised release.
Defendant's supervision began on July 19, 2019.
December 27, 2019, the Probation Office filed a Petition for
Warrant or Summons for Offender Under Supervision. The
Probation Office alleged that Defendant violated conditions
of release and sought a show-cause hearing as to why
Defendant's supervised release should not be revoked.
Thereafter, the undersigned authorized the issuance of a
warrant. On December 30, 2019, Defendant was arrested, and he
has remained in the custody of the United States Marshals
Service since the date of his arrest.
Petition alleges that Defendant violated the following
condition of release:
of Mandatory Condition No. 1: “The defendant
shall not commit another federal, state or local
January 10, 2019, the undersigned conducted a hearing on this
matter Pursuant to 28 U.S.C. Section 636(a) and 18 U.S.C.
§ 3401(i), at which Defendant, his attorney, and an
attorney for the United States Government appeared. On the
same date, Defendant and his attorney signed a Consent to
Allocution Before United States Magistrate Judge. Before the
hearing, Defendant waived his right to a preliminary hearing.
Defendant pled “no contest” to the charges
OF THE COURT
Defendant violated a condition of his supervised release by
violent conduct against his girlfriend, Monica Sanchez.
Defendant received a copy of the petition naming him, read
and understood the petition and the charges alleged against
him, and had the opportunity to ...