United States v. Boykin
6:15-cr-00070
E.D. Tex.May 19, 2025Background
- Joseph Lee Boykin was convicted of being a felon in possession of a firearm, a Class C felony, and sentenced to 120 months in prison and 3 years of supervised release in 2016.
- Boykin completed his prison term and began supervised release on March 28, 2024.
- The government filed a petition to revoke Boykin’s supervised release, alleging multiple violations, primarily repeated methamphetamine use and failures to participate in substance abuse treatment and drug testing.
- Boykin admitted to the drug use allegations and waived his right to a revocation hearing, opting instead to plead “true” to the first allegation in exchange for a jointly recommended sentence.
- The court found him guilty of a Grade B supervised release violation and recommended a sentence of 12 months and 1 day imprisonment, with no further supervised release, and recommended confinement at FCI Seagoville.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Revocation of supervised release | Violated terms by using drugs | Admitted to violation; joint agreement | Revocation warranted for Grade B violation |
| Grade of violation determination | Methamphetamine use = Grade B | Admitted to meth use | Found Grade B violation by preponderance |
| Sentencing upon revocation | Joint recommendation of 12+1d | Agreed to sentence recommendation | Sentence of 12 months, 1 day imprisonment |
| Imposition of further supervision | No further supervision requested | No objection | No further supervised release imposed |
Key Cases Cited
- United States v. Davis, 53 F.3d 638 (5th Cir. 1995) (Sentencing Guidelines are advisory in supervised release revocation proceedings)
- United States v. Mathena, 23 F.3d 87 (5th Cir. 1994) (Chapter 7 policy statements are advisory for revocation sentences)