Opinion
Case No. 4:07cr247
08-12-2014
UNITED STATES OF AMERICA v. ARTHUR JONES
(Judge Crone) REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the request for revocation of Defendant's supervised release. After the District Judge referred the matter to this Court for a report and recommendation, the Court conducted a hearing on August 12, 2014, to determine whether Defendant violated his supervised release.
On September 15, 2008, Defendant was sentenced by the Honorable Marcia A. Crone to one hundred and thirty-five (135) months' custody followed by five (5) years of supervised release for the offense of Conspiracy to Manufacture, Distribute or Possess with Intent to Manufacture, Distribute or Dispense Cocaine Base. On December 11, 2008, his judgment was amended to reduce his term of imprisonment. On December 24, 2012, Defendant completed his period of imprisonment and began service of his supervised term.
On March 20, 2014, the U.S. Probation Officer executed a Petition for Warrant for Offender Under Supervision. The petition asserted that Defendant violated several mandatory and standard conditions.
The Government offered the testimony of Officer Timothy Green. Defendant offered no evidence. The Court finds the guideline range in this case is thirty to thirty-seven months. The Court recommends that Defendant's supervised release be revoked.
RECOMMENDATION
The Court recommends that the District Judge revoke Defendant's supervised release. The Court recommends that Defendant be committed to the custody of the Bureau of Prisons to be imprisoned for a term of thirty (30) months with no supervised release to follow. It is also recommended that Defendant be housed in the Bureau of Prisons, Texarkana Unit.
After the Court announced the recommended sentence, Defendant executed the consent to revocation of supervised release and waiver of right to be present and speak at sentencing. Defendant and the Government also waived their right to file objections.
SIGNED this 12th day of August, 2014.
/s/_________
AMOS L. MAZZANT
UNITED STATES MAGISTRATE JUDGE