United States District Court, E.D. Kentucky, Northern Division, Covington
REPORT AND RECOMMENDATION
CANDACE J. SMITH UNITED STATES MAGISTRATE JUDGE
August 22, 2017, this matter came before the Court for a
Final Revocation Hearing on the United States Probation
Office's Reports that Defendant Charles Watkins, Jr. had
violated conditions of his supervised release. Defendant was
present in Court and represented by court-appointed counsel
J. Stephen Smith, and the Government was represented by
Assistant United States Attorney Anthony Bracke. Senior U.S.
Probation Officer Stacey Suter was also present for this
call of this matter at the Final Revocation Hearing on
Supervised Release Violations, counsel informed the Court
that they had reached an agreement on the pending violations.
Specifically, Defendant agreed to admit to the violations
alleged in the August 14, 2017 Violation Report (R. 36) and
August 18, 2017 Supplemental Violation Report (R. 37), and
waive his right to allocute before District Judge Bunning and
his right to appeal any sentence imposed by Judge Bunning to
the extent it is consistent with this Report and
Recommendation. In exchange, the Government agreed to
recommend a term of incarceration of 9 months with a new term
of supervision of 27 months to follow.
consideration, the parties' agreement is an appropriate
proposed disposition of this matter. Therefore, it will be
recommended that Defendant's supervised release be
revoked and that he be sentenced to a 9-month term of
imprisonment with 27 months of supervised release to follow.
August 24, 2012, Defendant appeared in U.S. District Court in
Covington, Kentucky, before the Honorable David L. Bunning,
U.S. District Judge, and pled guilty to bank robbery. (R.
15). On December 7, 2012, Judgment was entered (R. 28), Judge
Bunning having sentenced Mr. Watkins to a total term of
imprisonment of 66 months with a 3-year term of supervised
release to follow.
April 20, 2017, Defendant was released from prison to begin
his 3-year term of supervision by U.S. Probation.
(See R. 31). Defendant's conditions of
supervision were subsequently modified on May 4, 2017, to
include 6 weekends of intermittent confinement, which
sanction was ordered after Mr. Watkins admitted to using
marijuana on April 20, 2017, the day of his release from
incarceration. (See R. 31).
August 11, 2017, Officer Suter petitioned for Defendant to
appear before the Court regarding alleged violations of his
supervision. (R. 32). Defendant subsequently initially
appeared on August 18, 2017. (R. 35). The charged violations
were presented to the Court via the Probation Officer's
August 14, 2017, Violation Report and August 18, 2017,
Supplemental Violation Report. (R. 36; R. 37). The violation
charges were reviewed with Mr. Watkins, the potential
penalties were explained, and a final revocation hearing was
scheduled. (R. 35). As noted above, upon call of the case for
the final revocation hearing, counsel informed the Court that
the parties had reached an agreement: Mr. Watkins was
prepared to admit to the violations, and the parties agreed
on a recommended sentence of 9 months of incarceration with a
new term of 27 months of supervised release to follow.
final hearing, the undersigned reviewed with Defendant the
statutory maximum terms of incarceration and supervised
release as well as the applicable Sentencing Guidelines
range. The undersigned further explained that while a
recommendation of an appropriate sanction will be made to the
presiding District Judge, it is ultimately Judge
Bunning's decision as to the final sentence to be
imposed. Defendant acknowledged his understanding and stated
it was his desire to admit to the alleged violations set
forth in the August 14 and 18, 2017 Violation Reports.
Specifically, Mr. Watkins admitted under oath to the
following violations of supervised release and the factual
circumstances set forth below:
Violation No. 1:The Defendant shall
follow the instructions of the Probation Officer. (Grade C
was instructed by Probation Officer Suter to report to the
Probation Office by 4:30 p.m. on August 8, 2017, for a urine
screen and failed to do so. She then instructed him to report
by 9:00 a.m. on August 9 for a urine screen and he failed to
report as instructed. Finally, she instructed him to report
to the Probation Office by 9:00 a.m. on August 11, 2017, for
a urine screen and again he failed to report as instructed.
Violation No. 2:The Defendant shall
not purchase, possess, use, distribute, or administer any
controlled substance or any paraphernalia related to any
controlled substances, except as prescribed by a physician.
(Grade C violation)
reported to the Probation Office on August 17, 2017, for
purposes of self-surrendering on the warrant issued for
charged Violation No. 1. At that time he admitted to
Supervising U.S. Probation Officer Anthony Josselyn, verbally
and in writing, that he had used methamphetamine on August
16, 2017; Suboxone and Klonopin on August 17, 2017; and
marijuana within the previous week.
Violation No. 3:The Defendant shall
not commit another federal, state, or local crime. (Grade B