United States District Court, E.D. Kentucky, Southern Division
HANFYA. INGRAM UNITED STATES MAGISTRATE JUDGE.
referral from District Judge Van Tatenhove (D.E. 420), the
Court considers reported violations of supervised release
conditions by Defendant James Thomas Woods. This is his third
Van Tatenhove entered a judgment against Defendant on
November 24, 2014, for one count of conspiracy to manufacture
methamphetamine. D.E. 306 at 1. Defendant was sentenced to 37
months of imprisonment followed by five years of supervised
release. Id. at 2-3. Defendant began his first
supervised release term on June 28, 2016.
November 1, 2016, the United States Probation Office
(“USPO”) issued a report that charged Defendant
with submitting a urine sample that tested positive for
methamphetamine. Defendant admitted using and possessing
methamphetamine and fentanyl. After stipulating to the
violations, he was sentenced to six months of imprisonment,
followed by five years of supervised release. D.E. 351, 352.
Defendant was released again on May 3, 2017.
March 20, 2018, the USPO issued a report charging Defendant
with again submitting a urine sample that tested positive for
methamphetamine. After stipulating to the violations of use
and possession of a controlled substance, he was sentenced to
nine months of imprisonment, followed by twelve months of
supervised release. Defendant was released again on December
January 2019, District Judge Van Tatenhove granted the
USPO's request to modify Defendant's release
conditions. D.E. 414. The USPO reported that, on January 4,
2019, Defendant submitted a urine specimen that tested
positive for Suboxone (buprenorphine). Defendant admitted
using Suboxone, and subsequently tested negative. The USPO
referred him to weekly outpatient substance abuse counseling.
The Court also granted the USPO's request to add a
condition requiring eight weeks of weekly drug testing.
March 4, 2019, the USPO issued the Supervised Release
Violation Report (“the Report”) that initiated
this revocation. According to the Report, on March 4, 2019,
Defendant submitted a urine sample that tested positive for
buprenorphine, benzodiazepines (alprazolam, a.k.a. Xanax),
and methamphetamine. Defendant admitted in writing that he
had used all three substances the day before. The Report
charges six violations-two violations for each of the three
controlled substances that Defendant unlawfully possessed and
used in violation of his conditions of release.
#1, #3, and #5 each charge a violation of Mandatory Condition
#2 (forbidding the unlawful possession of a controlled
substance) and Mandatory Condition #3 (forbidding the
unlawful use of a controlled substance). See D.E.
352 at 3. Based on the use of Suboxone, Xanax, and
methamphetamine, respectively, these are Grade C violations.
#2, #4, and #6 each charge a violation of Mandatory Condition
#1, which forbids committing another federal, state or local
crime. See D.E. 352 at 3. The Report notes that
buprenorphine is a Schedule III controlled substance,
alprazolam is a Schedule IV controlled substance, and
methamphetamine is a Schedule II Controlled Substance. Due to
Defendant's prior drug conviction and the Sixth
Circuit's decision that use of a controlled substance
includes possession, Violations #2, #4, and #6 charge
Defendant with conduct that would qualify as Class E Felonies
under 21 U.S.C. § 844(a). These are Grade B violations.
Court conducted an initial appearance pursuant to Rule 32.1
of the Federal Rules of Criminal Procedure on March 6, 2019,
and set a final hearing following a knowing, voluntary, and
intelligent waiver of the right to a preliminary hearing.
D.E. 423. At the initial appearance, the United States made
an oral motion for interim detention. Defendant did not argue
for release. Id. Based on the heavy § 3143(a)
defense burden, the Court found that Defendant failed to
justify release and remanded Defendant to the custody of the
United States Marshal. Id.
final hearing on March 18, 2019, Defendant was afforded all
rights due under Rule 32.1 and 18 U.S.C. § 3583. D.E.
388. Defendant competently entered a knowing, voluntary, and
intelligent stipulation to all six violations. Id.
For purposes of Rule 32.1 proceedings, Defendant admitted the
factual basis for each violation as described in the Report.
Specifically, he admitted using and possessing Suboxone,
Xanax, and methamphetamine. The United States thus
established all six violations under the standard of section
Court has evaluated the entire record, the Report and
accompanying documents, and the sentencing materials from the
underlying Judgment in this District. Additionally, the Court
has considered all the ...