Opinion
93-CR-00109(2)-JRN
10-14-2022
Michael Houston Roberson
Alan Buie Assistant U.S. Attorney
Alan Buie Assistant U.S. Attorney
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Susan Hightower U.S. Magistrate Judge
PREVIOUS COURT ACTION
On June 3, 2021, the Judgment was amended, and Roberson was resentenced to 360 months imprisonment on each of Counts One & Two, to run concurrently, for a total term of 360 months; followed by a six (6) year term of supervised release in each of Counts One & Two, to run concurrently. No special conditions were ordered at this time.
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 Mandatory Condition #1: “The defendant shall not commit another federal, state, or local crimes during the term of supervision.”
Nature of Noncompliance : According to the Lufkin, Texas, Police Department arrest report, on July 14, 2022, officers conducted a traffic stop on the driver of a vehicle with expired license plates. The driver was later identified as Michael Houston (an alias of the defendant, Michael Houston Roberson). The offender told officers he did not have automotive insurance. As Roberson was being detained, officers conducted a search of his person and located two small plastic bags in Roberson's pant pocket. One bag contained approximately 0.68 grams of methamphetamine and the other bag contained approximately 1.51 grams of Ecstasy. Roberson was arrested and charged with Possession of a Controlled Substance (State Jail Felony), Cause Number F40936-JP1; and Possession of a Controlled Substance (3rd Degree Felony), Cause Number F40935-JP1.
On July 14, 2022, Roberson was released on a personal recognizance bond ($1,500 in Cause No. F40935-JP1, and $2,000 in Cause No. F40936-JP1). As of this writing, the pendency status of the cases is unknown.
Violation of Mandatory Condition #2: “The defendant shall not unlawfully possess a controlled substance.”
Nature of Noncompliance : On July 14, 2022, Roberson was arrested by Lufkin, Texas police officers for driving a vehicle without insurance and for being in possession of a controlled substance (approximately 0.68 grams of methamphetamine and approximately 1.51 grams of Ecstasy).
Violation of Standard Condition #2: “After initially reporting to the probation office, 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.”
Nature of Noncompliance: On June 8, 2021, Roberson reported to the probation office for an intake. At the time of his intake, Roberson was instructed to submit monthly supervision reports. Roberson failed to submit monthly supervision reports for the months of April, May, June, July, and August 2022. The probation officer attempted to contact the offender in June 2022, by calling, texting, emailing, and calling collateral sources; however, Roberson never responded.
Violation of Standard Condition #3: “The defendant shall not knowingly leave the federal judicial district where he or she is authorized to reside without first getting permission from the court or the probation officer.”
Nature of Noncompliance: On July 14, 2022, Roberson traveled outside of the Southern District of Texas, and was arrested in Lufkin, Texas. It is noted that Roberson did not request nor was granted permission to travel outside of the district.
Violation of Standard Condition #4: “The defendant shall answer truthfully the questions asked by the probation officer.”
Nature of Noncompliance: On September 6, 2022, Roberson reported to the probation office as instructed. When questioned regarding his contact with law enforcement, Roberson denied having any contact with law enforcement. After further questioning, Roberson admitted to being stopped by Lufkin, Texas, police officers and was issued a citation for not having automotive insurance, he denied being arrested.
Violation of Standard Condition #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: On September 6, 2022, Roberson reported for the last three months, he has been staying at various hotels and on occasion with family and friends in the Houston, Texas, area. Roberson failed to notify this officer of any changes to his residence. According to the Lufkin Police Department arrest report, on July 14, 2022, Roberson informed officers he was residing at 904 Glenn Avenue, Lufkin, Texas, 75904.
Violation of Standard Condition #7: “The defendant shall work full time (at least 30 hours per week) at a lawful type of employment unless the probation officer excuses the defendant from doing so. If the defendant does not have full-time employment, he or she shall try to find full-time employment, unless the probation officer excuses the defendant from doing so. If the defendant plans to change where the defendant works or anything about his or her work (such as the position or job responsibilities), the defendant shall notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days 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: On September 6, 2022, Roberson advised the probation officer that he had been unemployed for several months. Prior to this date, Roberson failed to report any changes to his employment status.
Violation of Standard Condition #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: The offender failed to report his arrest by Lufkin police officers on July 14, 2022, for possession of a controlled substance, within 72 hours.
U.S. Probation Officer Recommendation: Due to pending charges for criminal activity conduct, and continued non-compliance of mandatory and standard conditions of supervised release, the term of supervision should be revoked.
Respectfully submitted, Patricia A. Whitson Supervising U.S. Probation Officer
THE COURT ORDERS:
[ ] No Action
[√] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other