Opinion
A-09-CR-261(01)-JRN
04-14-2022
Sean Andrew McQuigg
Assistant U.S. Attorney: Matthew B. Devlin Defense Attorney: Anthony B. Cantrell (ret.)
Date of Original Sentence: December 3, 2009
Date Supervision Commenced: August 17, 2018
Assistant U.S. Attorney: Matthew B. Devlin
Defense Attorney: Anthony B. Cantrell (ret.)
Honorable James R. Nowlin, United States District Judge
REPORT ON OFFENDER UNDER SUPERVISION
Honorable Susan Hightower, United States Magistrate Judge
PREVIOUS COURT ACTION
On August 14, 2018, a Request for Modifying the Conditions or Term of Supervision with Consent of the Offender (12B) was filed ordering McQuigg to reside in a residential reentry center for a term of 180 days. The Court approved the modification as submitted.
On October 15, 2019, a Report on Offender Under Supervision (12A) was filed as the Court was advised of McQuigg's failure to participate in a sex offender treatment program as approved and directed by the probation officer. No action was recommended, and the Court concurred.
On April 6, 2020, a Request for Modifying the Conditions or Term of Supervision with Consent of the Offender (12B) was filed ordering McQuigg to abide by additional special conditions, including a search condition, and computer monitoring program including software, and physical computer searches.
On February 22, 2022, a Request for Modifying the Conditions or Term of Supervision with Consent of the Offender (12B) was filed ordering McQuigg to participate in substance abuse treatment.
NONCOMPLIANCE SUMMARY
Violation of Special Condition: “The defendant shall participate in a program approved by the U.S. Probation Office for treatment of alcohol dependency which may include testing and examination to determine if the defendant has reverted to the use of drugs or alcohol. The defendant may be required to contribute to the costs of services rendered (copayment) in an amount to be determined by the probation officer, based on the defendant's ability to pay.”
Violation of Mandatory Condition #2: “The defendant shall not unlawfully possess a controlled substance. 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 from imprisonment and at least two periodic drug tests thereafter, as determined by the court.”
Nature of Noncompliance: On January 27, 2022, McQuigg submitted a positive urine screen for methamphetamine and methylenedioxymethamphetamine (MDMA). On January 31, 2022, McQuigg admitted verbally and in writing to using the controlled substance. McQuigg admitted to having used on multiple occasions and signed a Waiver of Hearing (Prob 49) consenting to the addition of a special condition for substance abuse treatment. On February 18, 2022, laboratory testing confirmed the presence of methamphetamine only.
Violation of Special Condition: " The defendant shall participate in a program approved by the United States Probation Office for treatment of narcotic addiction or drug or alcohol dependency which may include testing and examination to determine if the defendant has reverted to the use of drugs or alcohol. The defendant may be required to contribute to the costs of services rendered (copayment) in an amount to be determined by the probation officer, based on the defendant's ability to pay."
Nature of Noncompliance: On March 10, 2022, McQuigg submitted a second positive urine screen for methamphetamine. On March 27, 2022, McQuigg verbally admitted to having used on or about March 10, 2022. This result was confirmed by laboratory testing on April 4, 2022.
On March 17, 23, and 28, 2022, McQuigg failed to report for scheduled urinalysis via the Comply phone system.
U.S. Probation Officer Action:
Contact was made with McQuigg, and he admitted to using methamphetamine again on or about March 10, 2022. McQuigg was issued verbal and written reprimands for his drug usage. To date, Mr. McQuigg has had at least two separate instances of drug use in the past year. McQuigg acknowledges his need for treatment and counseling. He is currently participating in substance abuse treatment sessions at Hill Country Counseling - Kearley & Schmitt. McQuigg has been informed that continued drug usage will result in a request for court action, and he may be subject to mandatory revocation per statute.
No action is requested from the Court at this time. The probation officer will monitor Mr. McQuigg's sobriety via random urinalysis as well as continued monitoring of his progress in substance abuse treatment.
Craig A. Handy Supervising U.S. Probation Officer
Brian Smith U.S. Probation Officer
Dated: 04/12/2022
THE COURT ORDERS:
[X] No Action
[ ] The Extension of Supervision as Noted Above.
[ ] The Modification of Conditions as Noted Above.
[ ] Other