United States District Court, S.D. Ohio, Eastern Division
REPORT AND RECOMMENDATION
CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE.
matter was referred the Magistrate Judge to hold a final
supervised release revocation hearing. (ECF No. 15). On
August 28, 2019, Defendant, represented by counsel, appeared
at the hearing. The Assistant United States Attorney and the
United States Probation Officer were also present. For the
reasons that follow, it is recommended that Defendant's
supervised release be revoked and that he be sentenced to a
term of eight (8) months imprisonment. A term of supervised
release is not recommended.
Michael Williams was originally sentenced on November 19,
2007, in the Southern District of West Virginia to a total of
144 months imprisonment and 4 years supervised release for
possession with intent to distribute 5 grams or more of
cocaine base and use of a firearm during a drug trafficking
crime. Defendant has been on supervised release since April
Supervised Release Violation Report (ECF No. 4) (“the
Report”) alleges that Defendant has performed poorly
from the start of his supervision. He has incurred three OVI
convictions and struggled to maintain his sobriety. To his
credit, Defendant has tried to maintain employment while on
Report alleges that Defendant violated Mandatory Condition
No. 1, that “Defendant shall not commit another
federal, state, or local crime” and Standard Condition
No. 11, that “Defendant shall notify the probation
officer within seventy-two (72) hours of being arrested or
questioned by a law enforcement officer” when he was
convicted on February 21, 2018 of his third OVI conviction
since being on supervised release and he failed to notify his
probation officer. The probation officer only learned of the
conviction after running a records check. Defendant incurred
additional charges in March 2019 and July 2019, which
included driving under a suspended license, obstructing
justice, and resisting arrest.
Report further alleges that Defendant violated Standard
Condition No. 2, that “Defendant shall report to the
probation officer as directed and shall submit a truthful and
complete written report within the first five days of each
month” and Standard Condition No. 6, that
“Defendant shall notify the probation officer ten days
prior to any change in residence or employment” by
failing to report to the probation officer since March 22,
2019. His whereabouts were unknown until his arrest on July
final violation alleges that Defendant violation Special
Condition No. 1, that “Defendant will participate in a
program of testing, counseling and treatment for drug and
alcohol abuse as directed by the probation officer.”
Defendant was ordered to do intensive outpatient treatment
following his 3rd OVI conviction while on
supervision. He began treatment on September 27, 2018, but
was unsuccessfully terminated on February 28, 2019, due to
lack of engagement and excessive absences.
upon these allegations, a warrant for Defendant's arrest
was issued on August 1, 2019, and he was arrested on August
5, 2019. (ECF Nos. 4 and 11). Defendant waived his detention
hearing and preliminary hearing. (ECF Nos. 12 and 13). At the
final revocation hearing, Defendant stipulated to the fact
that he violated the aforementioned conditions of supervised
release: Mandatory Condition No. 1; Standard Condition Nos.
2, 6, and 11; and Special Condition No. 1.
and the United States agreed that this is a Grade C
violation, and based on Defendant's Criminal History
Category of V, the advisory guideline range for
Defendant's Violations is 7-13 months on Counts 1 and 2.
The Probation Officer recommended a sentence of 10 months.
hearing, the Government concurred with the recommendation of
the Probation Officer for a sentence of 10 months
imprisonment without any additional term of supervision.
Defendant's counsel requested a below-guideline sentence
of six months based on Defendant's addiction his mental
health conditions following his extensive jail sentence and
the grief he experienced following the death of his two
brothers. Defendant was given an opportunity to speak on his
behalf, but declined. At the conclusion of the hearing, the
Court advised Defendant of his appellate rights and the
opportunity to object to the recommended sentence.
undersigned finds a sentence on the lower end of the
guidelines range is appropriate in view of the struggles
Defendant has encountered as outlined by Defense counsel at
the hearing. A within-guideline sentence of 8 months balances
the seriousness of Defendant's violations with his
remorse and struggle with alcohol and drug use following the
death of family members. The undersigned recommends that no
further term of supervision be imposed given Defendant's
history reflecting that he is not amenable to supervision.
Accordingly, it is RECOMMENDED that
Defendant's term of supervised release be revoked, that
Defendant be sentenced to a term of imprisonment of eight (8)
months, and that no further term of supervision be imposed.
party seeks review by the District Judge of this Report and
Recommendation, that party may, within fourteen (14) days,
file and serve on all parties objections to the Report and
Recommendation, specifically designating this Report and
Recommendation, and the part thereof in question, as well as
the basis for objection thereto. 28 U.S.C. §636(b)(1);
F.R. Civ. P. 72(b). Response to ...