Opinion
Criminal Action 4:21-CR-069
06-08-2021
UNITED STATES OF AMERICA v. LENNIE MELVIN ROAN
Nowak, Judge
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
AMOS L. MAZZANT, UNITED STATES DISTRICT JUDGE
Came on for consideration the above-referenced criminal action, the Court having heretofore referred the request for the revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. The Court has received the Report and Recommendation of the United States Magistrate Judge pursuant to its order. Defendant having waived allocution before the Court as well as his right to object to the report of the Magistrate Judge, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct.
It is therefore ORDERED that the Report and Recommendation of United States Magistrate Judge is ADOPTED as the opinion of the Court.
It is further ORDERED that Defendant's supervised release is hereby REVOKED.
It is further ORDERED that Defendant be committed to the custody of the Bureau of Prisons for a term of seven (7) months of imprisonment, with a term of supervised release of twenty-nine (29) months to follow.
The Court further recommends the imposition of the special conditions set forth in the Report and Recommendation, as follows:
You must report all vehicles owned or operated, or in which you have an interest, to the probation officer.
You must submit your person, property, house, residence, vehicle, papers, computers (as defined in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media, or office, to a search conducted by a United States probation officer. Failure to submit to a search may be grounds for revocation of release. The offender must warn any other occupants that the premises may be subject to searches pursuant to this condition. An officer may conduct a search pursuant to this condition only when reasonable suspicion exists that the offender has violated a condition of his supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner.
You must participate in a program of testing and treatment for substance abuse and follow the rules and regulations of that program until discharged. The probation officer, in consultation with the treatment provider, will supervise your participation in the program. You must pay any cost associated with treatment and testing.
You must reside in a Residential Reentry Center (RRC) or similar facility, in a prerelease component, for a period of up to 120 days and must follow the rules and regulations of that facility. Should you find a residence approved by the probation office prior to the 120 days, you shall be released.
You must not associate with any person who you know, or who a probation officer or other law enforcement officer informs you is a Valley Street criminal street gang member or any other known criminal street gang member or known participant in a criminal street gang, unless given permission by the probation officer.
You must not wear, display, use or possess any insignias, photographs, emblems, badges, buttons, caps, hats, jackets, shoes, flags, scarves, bandanas, shirts or other articles of clothing that are known to represent criminal street gang affiliation, association with or membership in the Valley Street criminal street gang or any other criminal street gang, unless given permission by the probation officer.
You must not display any known gang signs or gestures.
You must participate in an inpatient treatment program for drug abuse, at the direction of the probation officer, and follow the rules and regulations of that program until discharged. The probation officer, in consultation with the treatment provider, will supervise your participation in the program. You must pay any cost associated with treatment and testing.
The Court also recommends that Defendant be housed in a Bureau of Prisons facility in the North Texas area, if appropriate.
IT IS SO ORDERED.