Opinion
1:19-CR-0024(1)LY
01-30-2023
Marquise Dontaye Ratcliff
Assistant U.S. Attorney: Daniel M. Castillo Defense Attorney: Jose I. Gonzalez-Falla
Date of Original Sentence: August 29, 2019.
Date Supervision Commenced: May 20, 2022.
Assistant U.S. Attorney: Daniel M. Castillo
Defense Attorney: Jose I. Gonzalez-Falla
The Honorable Lee Yeakel, United States District Judge.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Susan Hightower, United States Magistrate Judge.
Original Offense: Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)
Original Sentence: Fifty-one (51) months in the custody of the United States Bureau of Prisons, followed by a three (3) year term of supervised release. Special conditions include substance abuse treatment, alcohol abstinence, mental health treatment, take all mental health medications prescribed, search and seizure, pay a $100 special assessment fee (paid in full), and forfeiture of a Bryco Arms pistol, all ammunition and firearm accessories
Type of Supervision: Supervised Release
PREVIOUS COURT ACTION
None.
PETITIONING THE COURT
[X] To issue a warrant. [ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation of Special Condition: “The defendant shall participate in a substance abuse treatment program and follow the rules and regulations of that program. The program may include testing and examination during and after program completion to determine if the defendant has reverted to the use of drugs. The probation officer may supervise the participation in the program. The defendant shall pay the costs of such treatment to the extent the defendant is financially able.”
Violation of Special Condition: “The defendant shall participate in a mental health treatment program and follow the rules and regulations of that program. A probation officer, in consultation with the treatment provider, may supervise participation in the program. The defendant shall pay the costs of such treatment to the extent the defendant is financially able.”
Violation of Mandatory Condition No. 2: “The defendant shall not unlawfully possess a controlled substance.”
Violation of Mandatory Condition No. 3; “The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release on probation or supervised release and at least two periodic drug tests thereafter (as determined by the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if the defendant's presentence report or other reliable sentencing information indicates low risk of future substance abuse by the defendant.”
Nature of Noncompliance: On July 20,2022, Ratcliff began participating in a co-occurring treatment program.
Ratcliff failed to submit urine specimens on the following dates:
June 27, 2022
September 13, 2022
October 18, 2022
October 28,2022
December 29, 2022
January 4,2023
January 9, 2023
January 20, 2023
Ratcliff failed to attend co-occurring treatment as scheduled on the following dates:
September 28, 2022
November 9, 2022
November 30, 2022
December 21, 2022
He failed to schedule any sessions for January 2023
On November 14,2022, Ratcliff submitted a positive urine specimen for marijuana. He denied using any illegal substances; however, on December 8,2022, the specimen was confirmed positive for marijuana by the national drug testing lab.
On December 12, 2022, Ratcliff admitted to using marijuana and signed an admission form for his drug use; however, the specimen he submitted the same date returned positive for marijuana and amphetamines.
On December 20,2022, Ratcliff admitted to using amphetamine pills without a valid prescription.
Violation of Standard Condition No. 8: “The defendant shall not communicate or interact with someone the defendant knows is engaged in criminal activity. If the defendant knows someone has been convicted of a felony, the defendant shall not knowingly communicate or interact with that person without first getting the permission of the probation officer.”
Violation of Standard Condition No. 9; “If the defendant is arrested or questioned by a law enforcement officer, the defendant shall notify the probation officer within 72 hours.”
Nature of Noncompliance: On December 11, 2022, Austin Police Department Officers conducted a welfare check on two males who were sleeping in a parked 2013 Chevy Tahoe, TXLP RYW9348, near Barton Creek Square. The driver was identified as Marquise Ratcliff. Ratcliff reported that he and his passenger, Ronnie Shelby Jr., were waiting on Ratcliffs cousin, Curtis Deanthony Jamal Williams, who was inside Barton Creek Square mall. When officers approached the vehicle, they noted a strong odor of marijuana emitting from the vehicle. Ratcliff advised officers there was marijuana in the vehicle and admitted to having smoked marijuana a few hours earlier. Officers conducted a probable cause search of the Tahoe and seized a 1.19 ounces of marijuana in multicolored bags, five pre-rolled marijuana cigarettes, a Smith and Wesson M&P 380 pistol which had been reported stolen, and a Glock 43 9mm pistol. As officers were searching the vehicle, Williams returned from the mall and was detained. Shelby and Williams both claimed ownership of the firearms found in the vehicle. Shelby also admitted to possessing the marijuana found in the vehicle. Shelby and Williams were both arrested and Ratcliff was released with no charges. Following this incident, Ratcliff failed to report his contact with law enforcement as required per his conditions of supervision. He also did not have the permission of the probation officer to associate with either Shelby or Williams.
Violation of Standard Condition No. 2: “After initially reporting to the probation officer, the defendant will receive instructions from the court or the probation officer about how and when to report to the probation officer, and the defendant shall report to the probation officer as instructed.”
Violation of Standard Condition No. 5: “The defendant shall live at a place approved by the probation officer. If the defendant plans to change where he or she lives or anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of becoming aware of a change or expected change.”
Nature of Noncompliance: Ratcliff failed to report to the probation officer as instructed on December 29, 2022. He has not had any contact with the probation officer since January 9, 2023, when he agreed to report to the probation office on January 11, 2023; however, failed to do so.
The probation officer has attempted to contact him via phone calls, text messages, and through collateral contacts. On January 20, 2023, Ratcliff's mother advised the probation officer that he had not returned home in approximately two weeks. On January 20, 2023, a final opportunity to report was presented to Ratcliff via text message; however, he failed to report as instructed on January 23, 2023. At this time, Ratcliff's whereabouts are unknown, and it appears he has chosen to abscond from his term of supervised release.
U.S. Probation Officer Recommendation:
The term of supervision should be:
[X] Revoked.
[ ] Extended for _______ years, for a total term of _______ years.
[ ] The conditions of supervision should be modified as follows:
Respectfully submitted, Lyza be La Fuente, Senior U.S. Probation Officer
Approved by, Patricia A. Whitson, Supervising U.S. Probation Officer
Received by:
Daniel M. Castillo, Assistant U.S. Attorney
[√] recommend [ ] does not recommend Justification: ___________________
THE COURT ORDERS:
[ ] No Action
[x] The Issuance of a Summons
[ ] Other