United States District Court, E.D. Kentucky, Southern Division, London
A. Ingram United States Magistrate Judge
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. In case 6:10-CR-55-2, Defendant pleaded
guilty to counterfeiting money. 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.
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.
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.
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.
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.
#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
#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.
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
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.
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.
#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.
#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