Opinion
1:20CR00069-001
01-25-2022
Jose Pablo Vargas-Castillo
Assistant U.S. Attorney: Alan M. Buie Defense Attorney: Charlotte Anne Herring (AFPD)
Date of Original Sentence: April 1, 2020
Assistant U.S. Attorney: Alan M. Buie
Defense Attorney: Charlotte Anne Herring (AFPD)
Name of Sentencing Judicial Officer Honorable Lee Yeakel - U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
HONORABLE SUSAN HIGHTOWER, U.S. MAGISTRATE JUDGE
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 Mandatory Condition No. 1: “The defendant shall not commit another federal, state, or local crime.”
Violation of Standard Condition No. 17: “If the defendant is excluded, deported or removed upon release on probation or supervised release, the term of supervised release shall be a non-reporting term of probation or supervised release. The defendant shall not illegally re-enter the United States. If the defendant lawfully re-enters the United States during the term of probation or supervised release, the defendant shall immediately report in person to the nearest U.S. Probation Office.”
Nature of Noncompliance : On April 1, 2020, Jose Pablo Vargas-Castillo was sentenced by United States District Judge Lee Yeakel to time served (56 days), followed by a three-year term of supervised release, for the offense of Illegal Re-entry into the United States. His term of supervised release began on April 1, 2020. On April 3, 2020, the defendant was removed from the United States to Mexico. On January 7, 2022, United States Border Patrol Agents encountered the defendant and five other individuals near Bracketville, Texas. The defendant admitted to being illegally present in the United States without proper immigration documents allowing him to be in or remain in the United States. At the time of his arrest, the defendant was in the United States illegally and had not received the permission of the United States Attorney General or the Secretary of Homeland Security to re-enter the United States. On January 11, 2022, a Criminal Complaint, Docket No. 2:22-00072M, was filed in the United States District Court for the Western District of Texas, Del Rio Division, charging the defendant with Illegal Re-entry into the United States, in violation of 8 U.S.C. § 1326. It should be noted that the defendant's term of supervised release was due to expire on March 31, 2023.
U.S. Probation Officer Recommendation: The term of supervision should be revoked.
Approved by, Russ G. Wiedenmeyer
Supervising U.S. Probation Officer
Respectfully submitted, Cinnamon Ornelas
U.S. Probation Officer
Received by, Alan Buie
Assistant U.S. Attorney
[X] recommend [] does not recommend Justification: _______________
THE COURT ORDERS:
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other