United States v. Angelle
1:17-cr-00148
E.D. Tex.Jan 20, 2022Background
- Shaquille Denzel Angelle pleaded guilty to being a felon in possession of a firearm (Class C felony) and was sentenced to 51 months imprisonment plus 3 years supervised release.
- Angelle began supervised release on September 22, 2021, after completing imprisonment.
- A probation petition filed December 28, 2021, alleged seven violations of supervision conditions, including unlawful drug use, failure to report arrests, failure to permit officer visits, improper residence reporting, failure to report, and failure to participate in drug testing/treatment.
- At a Rule 32.1 revocation hearing on January 13, 2022, Angelle admitted (pled “true”) to Allegation 3 (unlawful use of a controlled substance); the parties agreed to a recommended disposition of 12 months imprisonment followed by one year of supervised release.
- The magistrate judge found a Grade C violation, with criminal-history category IV, noted the applicable Guidelines range (6–12 months), revoked supervised release, and recommended the agreed sentence of 12 months imprisonment and one year of supervised release; Angelle requested placement at FCI Beaumont.
- Angelle, defense counsel, and the government waived objections to the report and to the recommended disposition, consenting to immediate action on the recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Angelle violated supervised release by unlawful drug use | Probation/Govt: evidence supports violation; seek revocation | Angelle: admitted the drug-use allegation (pled true) | Court found violation (Grade C) based on the admission |
| Appropriate sentence upon revocation | Gov’t: recommend 12 months imprisonment, then 1 year supervised release | Angelle: agreed to 12 months and 1 year supervised release | Court adopted the agreed disposition: 12 months custody, 1 year supervised release |
| Statutory and guideline limits on revocation exposure | Gov’t: statutory maximum for Class C revocation is 2 years; Guidelines recommend 6–12 months for Grade C, CHC IV | Angelle: accepted the guideline framework and proposed sentence | Court applied statutes and U.S.S.G. policy; sentence (12 months) within statutory and guideline framework |
| Post-revocation conditions and location of confinement | Probation/Govt: impose special conditions as in PSR; placement per BOP | Angelle: requested confinement at FCI Beaumont | Court recommended imposition of the pronounced special conditions and accommodated FCI Beaumont request if possible |
Key Cases Cited
- United States v. Rodriguez, 23 F.3d 919 (5th Cir. 1994) (procedural authority on magistrate judge review and referral practice for supervised-release revocation)
- United States v. Price, [citation="519 F. App'x 560"] (11th Cir. 2013) (noting that Chapter 7 policy statements governing revocation are non-binding)