Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:14-00212
TRAVIS DEVON WOODS
MEMORANDUM OPINION AND ORDER
In Charleston, on August 6, 2019, came the defendant, Travis Devon Woods, in person and by counsel, Tim C. Carrico;
came the United States by Kristin Scott, Assistant United States
Attorney; and came United States Probation Officer M. Dylan
Shaffer, for a hearing on the petition to revoke the defendant's
term of supervised release.
The court informed the defendant of the alleged violations contained in the petition to revoke the term of
supervised release, filed on April 16, 2019, and the amendment to
the petition, filed on July 26, 2019. The court advised the
defendant that, pursuant to Rule 32.1(b) of the Federal Rules of
Criminal Procedure, he has the right to a hearing and assistance
of counsel before his term of supervised release could be
revoked. Whereupon the defendant admitted to the conduct
outlined in Violation Numbers 2 and 3 and conceded that the
government would be able to prove the charges contained in
Violation Number 1 of the petition and amendment by a
preponderance of the evidence. The court found the charges were
established by a preponderance of the evidence.
Having heard arguments of counsel, the court found that the Guideline imprisonment range for the revocation of supervised
release upon such grounds was 18 to 24 months. The court further
found that the Guideline ranges issued by the Sentencing
Commission with respect to revocation of probation and supervised
release are policy statements only and are not binding on the
court. Thus, the court stated that the relevant statutory
provision is 18 U.S.C. § 3583(e)(3), which provides a maximum
term of imprisonment of two years. Neither party objected to the
Guideline range and statutory penalty as determined by the court.
The court found that there was sufficient information before the
court on which to sentence defendant without updating the
presentence investigation report.
After giving counsel for both parties and defendant an opportunity to speak regarding the matter of disposition, the
court ORDERED , pursuant to the Sentencing Reform Act of 1984,
that the defendant's term of supervised release be revoked, and
he is to be incarcerated for a term of twenty-four (24) months.
The court recommended that defendant be incarcerated at the
nearest suitable facility to his family in Charleston, West
Virginia. Upon completion of his term of incarceration, the
defendant will not be subject to any further supervision by the
United States Probation Office.
In considering the proper term of imprisonment to be imposed, the court considered the factors set forth in 18 U.S.C.
§ 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5),
(a)(6), and (a)(7), as well as the Chapter 7 policy statements
and concluded that the sentence imposed is an appropriate
sanction for the defendant’s breach of trust, taking into account
the nature and circumstances of the offense and the history and
characteristics of the defendant. The court further concluded
that the sentence imposed will provide adequate deterrence to
criminal conduct and protect the public from further crimes of
the defendant.
The defendant was informed of his right to appeal the court's findings and the revocation of his supervised release.
The defendant was further informed that in order to initiate such
an appeal, a Notice of Appeal must be filed in this court within
fourteen (14) days. The defendant was advised that if he wishes
to appeal and cannot afford to hire counsel to represent him on
appeal, the court will appoint counsel for him. The defendant
was further advised that if he so requests, the Clerk of court
will prepare and file a notice of appeal on his behalf.
The defendant was remanded to the custody of the United States Marshals Service.
The Clerk is directed to forward a copy of this David A. Faber Senior Memorandum Opinion and Order to counsel of record, the United
States Marshal for the Southern District of West Virginia, and
the Probation Department of this court.
IT IS SO ORDERED this 7th day of August, 2019. ENTER:
