Opinion
CRIMINAL ACTION NO. 6:09-cr-00253-2
09-14-2017
UNITED STATES OF AMERICA, Plaintiff, v. DAMON THOMAS BRANNAN, Defendant.
REVOCATION OF SUPERVISED RELEASE AND JUDGMENT ORDER
On July 17, 2017, July 24, 2017, and August 30, 2017, the Defendant, Damon Thomas Brannan, appeared in person and by counsel, Ann Mason Rigby, for a hearing on the Petition for Warrant or Summons for Offender Under Supervision and Amendments to Petitions submitted by the Defendant's supervising probation officer. The United States was represented at the hearings. United States Probation Officer Kara Dills was also present at the hearings.
On March 8, 2011, the Defendant was sentenced to a term of imprisonment of 96 months to be followed by a 3-year term of supervised release. The Defendant began serving the term of supervised release on July 8, 2016. On November 1, 2016, the Petition for Warrant or Summons for Offender Under Supervision was filed charging the Defendant with violating certain conditions of supervised release. On December 21, 2016, the Amendment to Petition was filed, on May 24, 2017, the Second Amendment to Petition was filed, and on July 11, 2017, the Third Amendment to Petition was filed, all charging the Defendant with violating additional conditions of supervised release.
At these hearings, the Court found that the Defendant had received written notice of the alleged violations as contained in the Petition and Amendments, and that the evidence against the Defendant had been disclosed. The Court further found that the Defendant appeared, was given the opportunity to present evidence, and was represented in the proceeding by counsel.
The Court then found, by a preponderance of the evidence, that the Defendant violated certain conditions of supervised release as contained in the Petition and Amendments, specifically:
Petition:
| 1. | Violation of statutory condition: The defendant shall not unlawfullypossess a controlled substance. The defendant shall refrain from anyunlawful use of a controlled substance:On August 11 and August 24, 2016, Mr. Brannan submitted urine specimensthat tested positive for methamphetamine. Mr. Brannan admitted usingmethamphetamine to this officer. He signed a voluntary admission formacknowledging his conduct on both occasions.On September 6, September 13, and September 26, 2016, Mr. Brannansubmitted urine specimens that tested positive for methamphetamine. Mr.Brannan admitted using methamphetamine to this officer on each occasion. |
|---|---|
| 2. | Violation of special condition: The defendant shall participate in aprogram of testing, counseling and treatment for drug and alcohol abuseas directed by the probation officer:On July 12, 2016, Mr. Brannan was placed on the Mid-Ohio Valley DayReport Center urine screen hotline and instructed to participate in the programand follow the urine analysis hotline reporting instructions. On August 2,September 22, and October 4, 2016, Mr. Brannan failed to report to the Mid-Ohio Valley Day Report Center for a urine screen as instructed.On September 27, 2016, Mr. Brannan was instructed to report to WestbrookHealth Services to complete the paperwork for admission into the inpatientsubstance abuse detox program. He was instructed to enroll in andsuccessfully complete the program, Mr. Brannan failed to report to theprogram as directed on September 27, 2016. He was again instructed onSeptember 28, September 29, and September 30, 2016 to report to Westbrookin person, and he failed to do so. |
First Amendment to Petition:
| Amendment toViolation No. 1 | Violation of statutory condition: The defendant shall notunlawfully possess a controlled substance. The defendantshall refrain from any unlawful use of a controlled substance:On August 11, 2016, Mr. Brannan submitted a urine specimenthat tested positive for amphetamine and methamphetamine. Mr.Brannan admitted using methamphetamine to this officer. Hesigned a voluntary admission form acknowledging his conduct.On August 24, 2016, Mr. Brannan submitted a urine specimenthat tested positive for methamphetamine, Mr. Brannan admittedusing methamphetamine to this officer. He signed a voluntaryadmission form acknowledging his conduct.On September 6, 2016, Mr. Brannan submitted a urine specimenthat tested positive for amphetamine and methamphetamine. Mr.Brannan admitted using methamphetamine to this officer on thisoccasion.On September 13, 2016, Mr. Brannan submitted a urine specimenthat tested positive for amphetamine, methamphetamine, andbenzoylcgonine (cocaine metabolite).On September 26, 2016, Mr. Brannan submitted a urine specimenthat tested positive for amphetamine and methamphetamine. Mr.Brannan admitted using methamphetamine to this officer on thisoccasion.On November 30, 2016, Mr. Brannan submitted a urine specimenthat test positive for amphetamine and methamphetamine. Mr.Brannan admitted to using methamphetamine and signed avoluntary admission form acknowledging his conduct. |
|---|---|
| Amendment toViolation No. 2 | Violation of special condition: The defendant shallparticipate in a program of testing, counseling and treatmentfor drug and alcohol abuse as directed by the probationofficer:On October 14, October 19, October 27, November 2, November10, and November 15, 2016, Mr. Brannan failed to report to theMid-Ohio Valley Day Report Center for a urine screen asinstructed.Mr. Brannan failed to attend his scheduled individual outpatientsubstance abuse treatment sessions at the Mid-Ohio Valley DayReport Center on September 28 and October 4, 2016. |
| Violation No. 3 | Violation of standard condition number two: The defendantshall report to the probation officer and shall submit atruthful and complete written report within the first five daysof each month:Mr. Brannan failed to submit a truthful and complete writtenreport for the months of September and October 2016. |
Second Amendment:
| Violation Number: | Nature of Noncompliance |
|---|---|
| Amendment toViolation No. 1 | Violation of statutory condition: The defendant shall notunlawfully possess a controlled substance. The defendantshall refrain from any unlawful use of a controlled substance:On April 26, 2017, the defendant submitted a urine specimen thattested positive for amphetamine and methamphetamine. |
| Amendment toViolation No. 2 | Violation of special condition: The defendant shallparticipate in a program of testing, counseling and treatmentfor drug and alcohol abuse as directed by the probationofficer:On May 4, 2017, Mr. Brannan failed to report to the Mid-OhioValley Day Report Center for a urine screen as instructed. |
| Violation No. 4 | Violation of standard condition number three: Thedefendant shall answer truthfully all inquiries by theprobation officer and follow the instructions of the probationofficer:On April 26, 2017, the defendant was instructed by the probationofficer to contact this officer by phone on April 28. 2017. Thedefendant failed to contact the probation officer at instructed. |
| Violation No. 5 | Violation of modified condition: The defendant shallparticipate in Prestera's PARC Riverside 28-day program, tobe followed by the 3-6 month program. The defendant shallcomply with all rules and regulations of both programs andshall successfully complete both programs:On January 27, 2017, the defendant was released from custody tobegin Prestera's PARC Riverside 28-day program, to be followedby the 3- 6 month program. On April 11, 2017, Mr. Brannan wasdischarged from the program prior to completion. |
Third Amendment:
| Amendment toViolation No. 2 | Violation of special condition: The defendant shallparticipate in a program of testing, counseling and treatmentfor drug and alcohol abuse as directed by the probationofficer:On May 9, May 16, May 24, June 7, June 16, and June 22, 2017,Mr. Brannan failed to report to the Mid-Ohio Valley Day ReportCenter for a urine screen as instructed. |
|---|---|
| Violation No. 6 | Violation of standard condition number eleven: Thedefendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a lawenforcement officer:On May 16, 2017, the defendant was questioned by a member ofthe Wood County, West Virginia, Sheriff's Department.Deputies were dispatched to the Travel Lodge located at 3604East 7th Street, Parkersburg, West Virginia, to conduct a welfarecheck on a female in response to a report of a domestic incident.When the officers arrived, they encountered three males,including the defendant, and a female. A local record check wasconducted on all individuals to check for outstanding warrants.No charges were filed on any of the individuals as a result of theincident. The defendant failed to report this questioning to theprobation officer. |
Having found the Defendant to be in violation of the conditions of supervised release, the Court REVOKED the Defendant's supervised release and entered judgment as follows:
It is the JUDGMENT of the Court that the Defendant be committed to the custody of the Federal Bureau of Prisons for a term of 15 MONTHS. The defendant shall be given credit for time served as appropriately calculated by the Bureau of Prisons. The Court recommends that the defendant be evaluated for and placed in any and all appropriate substance and/or alcohol abuse treatment programs which may be offered by the Bureau of Prisons. The Court recommends that the Defendant be placed in FMC Lexington. Further, the Court recommends that the Defendant be released from the Bureau of Prisons to a half-way house facility prior to expiration of his sentence.
The Defendant was remanded to the custody of the United States Marshal.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel, the United States Attorney, the United States Probation Office, and the United States Marshal.
ENTER: September 14, 2017
/s/_________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE