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United States v. Partin

United States District Court, E.D. Kentucky, Southern Division, London

May 23, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TINA PARTIN, Defendant.

          RECOMMENDED DISPOSITION

          Hanly A. Ingram United States Magistrate Judge

         On referral from Chief Judge Caldwell, the Court considers reported violations of supervised release conditions by Defendant Tina Rayshell Partin. Defendant has been on supervised release related to two separate criminal cases. In case 6:10-CR-17, Defendant pleaded guilty to conspiracy to distribute oxycodone.[1] In case 6:10-CR-55-2, Defendant pleaded guilty to counterfeiting money.[2] She was sentenced in both cases in August 2011, and received a total term of 84 months of imprisonment (with the sentences running concurrently). D.E. 41. This sentence was a downward departure from her Guidelines Range of 100 to 125 months. See PSR ¶ 99. She was further sentenced to six years of supervised release in the drug case and three years of supervised release on the counterfeiting case. D.E. 41. In January 2015, her sentence was reduced from 84 months to 70 months by operation of a retroactive amendment to the Guidelines. D.E. 44.

         Defendant was released from custody on March 28, 2017. In February 2018, Defendant's cases were reassigned from Judge Thapar to Chief Judge Caldwell. D.E. 46.

         Also in February 2018, the United States Probation Office (“USPO”) reported that Defendant had admitted using benzodiazepines. D.E. 48. A urine screen detected no other controlled substances. Id. The USPO requested that no action be taken at that time, and Chief Judge Caldwell agreed. Id.

         I.

         On April 3, 2018, the USPO issued the Supervised Release Violation Report (“the Report”) that initiated these proceedings. According to the Report, the USPO discovered on March 30 that, for over a month, Defendant had not been living at the address that she supplied to the USPO. The probation officer left a card with Defendant's daughter directing Defendant to report to the office on April 2. Defendant did not report, and the officer was subsequently unable to contact Defendant through the phone number she supplied. The USPO then discovered that Defendant's state probation officer had not seen her since February 14, 2018, and an absconder warrant had been issued for her arrest.

         Based on these facts, Violation #1 charges a violation of the condition that requires Defendant to give the USPO ten days' advanced notice of any change in residence or employment. This is a Grade C Violation.

         Violation #2 charges a violation of the condition that requires Defendant to permit the probation officer to visit her at any time at home or elsewhere. Clearly, the officer could not visit her when her whereabouts were unknown. This is a Grade C violation.

         Violation #3 charges a violation of the condition that requires Defendant to submit a written report within the first five days of each month. According to the Report, Defendant has not completed a monthly report since October 2017. This is a Grade C violation.

         On April 27, the USPO issued an Addendum to the Report. According to the Addendum,

On April 17, 2018, the undersigned spoke to a deputy with the Bell County Sheriff's Office who indicated Tina Partin was arrested on April 6, 2018, at the residence of Jason Taylor. According to the deputy, a search incident to arrest revealed a small safe, contained in a larger safe. The small safe contained a digital lock and was opened with a numeric combination by Partin. Inside the small safe was a .25 caliber handgun, claimed by Jason Taylor, and a hand-written receipt to Tina Partin for a Polaris ATV Partin had purchased previously. In addition to the aforementioned items, several firearms, including a stolen firearm, bags of suspected marijuana, digital scales, and additional items of drug paraphernalia were located during a search of the home and an outbuilding.
Partin was arrested on an outstanding Kentucky Division of Probation and Parole warrant. Jason Taylor was arrested and charged with Trafficking in Controlled Substances, Possession of Drug Paraphernalia, and Receiving Stolen Property - Firearm, Bell County District Court case number 18-F-208.

         Based on these facts, Violation #4 in the Addendum charges a violation of the condition that prohibits Defendant from possessing a firearm. Based on her constructive possession of the handgun in the safe, this is a Grade C violation.

         Violation #5 in the Addendum charges a violation of the condition prohibiting the commission of another federal, state or local crime. According to the Addendum, Defendant was a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), a Class C felony. This is a Grade B violation.

         Violation #6 charges a violation of the condition that prohibits Defendant from associating with any person engaged in criminal activity or any person convicted of a felony, absent permission to do so from the probation officer. Based on Defendant's association with Jason Taylor, who was charged ...


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