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United States v. Guerra

United States District Court, W.D. Texas, Austin Division

January 10, 2020

UNITED STATES OF AMERICA
v.
JOSE RAFAEL GUERRA, Defendant

          REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

          SUSAN HIGHTOWER UNITED STATES MAGISTRATE JUDGE

         TO: THE HONORABLE SAM SPARKS UNITED STATES DISTRICT JUDGE

         The 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.

         Before the Court is the petition of the United States Probation Office (“Probation Office”) recommending the Court revoke Defendant's term of supervised release.

         PROCEDURAL BACKGROUND

         Defendant 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.

         On 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.

         The Petition alleges that Defendant violated the following condition of release:

         Violation of Mandatory Condition No. 1: “The defendant shall not commit another federal, state or local crime.”

         On 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 against him.

         FINDINGS OF THE COURT

         1. Defendant violated a condition of his supervised release by violent conduct against his girlfriend, Monica Sanchez.

         2. 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 ...


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