UNITED STATES OF AMERICA v. SHAQUILLE DENZEL ANGELLE
CASE NUMBER 1:17-CR-148
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION
January 20, 2022
Document 46
Pending is a “Petition for Warrant or Summons for Offender Under Supervision” filed December 28, 2021, alleging that the Defendant, Shaquille Denzel Angelle, violated seven conditions of supervised release. This matter is referred to the undersigned United States magistrate judge for review, hearing, and submission of a report with recommended findings of fact and conclusions of law. See United States v. Rodriguez, 23 F.3d 919, 920 n.1 (5th Cir. 1994); see also
I. The Original Conviction and Sentence
Angelle was sentenced on May 18, 2018, before The Honorable Marcia A. Crone of the Eastern District of Texas after pleading guilty to the offense of Felon in Possession of a Firearm, a Class C felony. This offense carried a statutory maximum imprisonment term of 10 years. The guideline imprisonment range, based on a total offense level of 18 and a criminal history category of IV, was 41 to 51 months. Angelle was subsequently sentenced to 51 months imprisonment followed with a 3-year term of supervised release subject to the standard
II. The Period of Supervision
On September 22, 2021, Angelle completed his period of imprisonment and began service of the supervision term.
III. The Petition
United States Probation filed the Petition for Warrant for Offender Under Supervision raising seven allegations. The petition alleges that Angelle violated the following conditions of release:
Allegation 1. The Defendant shall not commit another federal, state, or local crime.
Allegation 2. The Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.
Allegation 3. The Defendant shall refrain from any unlawful use of a controlled substance.
Allegation 4. The Defendant must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
Allegation 5. The Defendant must live at a place approved by the probation officer. If Defendant plans to change where he lives or anything about the living arrangements, he must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, he must notify the probation officer within 72 hours of becoming aware of a change or expected change.
Allegation 6. The Defendant must report to the probation officer as instructed.
Allegation 7. The Defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer.
On January 13, 2022, the undersigned convened a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure to hear evidence and arguments on whether the Defendant violated conditions of supervised release, and the appropriate course of action for any such violations.
At the revocation hearing, counsel for the Government and the Defendant announced an agreement as to a recommended disposition regarding the revocation. The Defendant agreed to plead “true” to the third allegation that claimed he failed to refrain from the unlawful use of a controlled substance. In return, the parties agreed that he should serve a term of twelve months’ imprisonment, with one year of supervised release to follow.
V. Principles of Analysis
According to
According to U.S.S.G. § 7B1.1(a)1, if the court finds by a preponderance of the evidence that the Defendant violated conditions of supervision by failing to refrain from the unlawful use of a controlled substance, the Defendant will be guilty of committing a Grade C violation. U.S.S.G. § 7B1.3(a)(2) indicates that upon a finding of a Grade C violation, the court may (A) revoke probation or supervised release; or (B) extend the term of probation or supervised release and/or modify the conditions of supervision.
U.S.S.G. § 7B1.4(a) provides that in the case of revocation of supervised release based on a Grade C violation and a criminal history category of IV, the policy statement imprisonment range is 6 to 12 months.
According to
According to U.S.S.G. § 7B1.3(c)(1), where the minimum term of imprisonment determined under U.S.S.G. § 7B1.4 is at least one month but not more than six months, the minimum term may be satisfied by (A) a sentence of imprisonment; or (B) a sentence of
U.S.S.G. § 7B1.3(g)(2) indicates where supervised release is revoked and the term of imprisonment imposed is less than the maximum term of imprisonment imposable upon revocation, the court may include a requirement that the defendant be placed on a term of supervised release upon release from imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release.
In determining the Defendant‘s sentence, the court shall consider:
- The nature and circumstance of the offense and the history and characteristics of the defendant; see
18 U.S.C. § 3553(a)(1) ; - The need for the sentence imposed: to afford adequate deterrence to criminal conduct; to protect the public from further crimes of the defendant; and to provide the Defendant with needed educational or vocational training, medical care, other corrective treatment in the most effective manner; see
18 U.S.C. §§ 3553 (a)(2)(B) -(D); - Applicable guidelines and policy statements issued by the Sentencing Commission, for the appropriate application of the provisions when modifying or revoking supervised release pursuant to
28 U.S.C. § 994(a)(3) , that are in effect on the date the defendant is sentenced; see18 U.S.C. 3553(a)(4) ; see also28 U.S.C. § 924(A)(3) ; - Any pertinent policy statement issued by the Sentencing Commission, pursuant to
28 U.S.C. § 994(a)(2) , that is in effect on the date the defendant is sentenced; see18 U.S.C. § 3553(a)(5) ; and - The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; see
18 U.S.C. § 3553(a)(6) . - The need to provide restitution to any victims of the offense.
VI. Application
The Defendant pled “true” to the petition‘s allegation that he violated a mandatory condition of release that he failed to refrain from the unlawful use of a controlled substance. Based upon the Defendant‘s plea of “true” to this allegation of the Petition for Warrant or Summons for Offender Under Supervision and U.S.S.G. § 7B1.1(a), the undersigned finds that the Defendant violated a condition of supervised release.
The undersigned has carefully considered each of the factors listed in
Consequently, incarceration appropriately addresses the Defendant‘s violation. The sentencing objectives of punishment, deterrence and rehabilitation along with the aforementioned statutory sentencing factors will best be served by a prison sentence of 12 months, with one year of supervised release to follow.
VII. Recommendations
The court should find that the Defendant violated the allegation in the petition that he violated a mandatory condition of release by failing to refrain from the unlawful use of a controlled substance. The petition should be granted and the Defendant‘s supervised release should be revoked pursuant to
In addition to the mandatory and standard conditions of supervised release, the same special conditions orally pronounced by the undersigned at the final revocation hearing shall be imposed. The rationale for these special conditions is contained in the Defendant‘s Presentence Investigation Report.
VIII. Objections
At the close of the revocation hearing, the Defendant, defense counsel, and counsel for the government each signed a standard form waiving their right to object to the proposed findings and recommendations contained in this report, consenting to revocation of supervised release, and consenting to the imposition of the above sentence recommended in this report (involving all conditions of supervised release, if applicable). The Defendant also waived his right to be present and speak and have his counsel present and speak before the district court imposes the recommended sentence. Therefore, the court may act on this report and recommendation immediately.
SIGNED this 20th day of January, 2022.
Zack Hawthorn
United States Magistrate Judge