United States District Court, E.D. Kentucky, Southern Division, London
A. Ingram, United States Magistrate Judge
referral from Chief Judge Caldwell (D.E. 820), the Court
considers reported violations of supervised release
conditions by Defendant Michael Daugherty. This is his second
Judge Caldwell entered a judgment against Defendant in August
2017 following a guilty plea to violating 18 U.S.C. §
922(g)(3), which prohibits firearm possession by a person who
unlawfully uses drugs. D.E. 730. Defendant received a prison
sentence of 21 months, followed by a three-year term of
supervised release. Id. Defendant began his first
term of supervised release on February 23, 2018.
first revocation proceedings began with the issuance of a May
9, 2018 report from the United States Probation Office
(“USPO”) that charged nine violations. Defendant
admitted all nine violations. These included that he failed
to participate in a required drug abuse treatment program,
that he failed to attend a required GED program, that he used
and possessed marijuana, that he used and possessed
buprenorphine, that he used and possessed methamphetamine,
and that he failed to truthfully answer all questions asked
by the probation officer. See D.E. 799.
Defendant's release was revoked, and he was sentenced to
ten months of imprisonment followed by 26 months of
supervised release. D.E. 805. Among his special conditions of
supervision was a requirement that, upon release, he reside
at a residential re-entry center for four months.
Id. at 6. Defendant was released from custody on
March 8, 2019, and was immediately admitted to Dismas
7, 2019, the USPO submitted the Supervised Release Violation
Report (“the Report”) that initiated these
proceedings. The Report charges three violations. According
to the Report, on May 3, 2019, staff at Dismas Charities
noticed that Defendant “and other residents were acting
erratically and were suspected to be under the influence of
an unlawful substance.” Staff collected a urine sample
from Defendant. Instant testing yielded positive results for
amphetamine and methamphetamine. The specimen was sent to
Alere toxicology. The probation officer spoke with Defendant
over the phone on May 6, and Defendant admitted that he used
methamphetamine on May 3. Defendant was terminated from
Dismas Charities Manchester on May 7, 2019. The Terminal
Letter from the re-entry center is attached to the Report.
After the Report was issued and the initial appearance was
conducted, urinalysis results were obtained from Alere on May
11 that confirmed the presence of amphetamine and
#1 charges a violation of the condition prohibiting the
unlawful use of a controlled substance. Based on
Defendant's admitted use of methamphetamine on May 3,
2019, this is a Grade C violation.
on the same methamphetamine use, Violation #2 charges
Defendant with violating the conditions that he not commit
another federal, state, or local crime and that he not
unlawfully possess a controlled substance. Noting the Sixth
Circuit's decision that use of a controlled substance
includes possession, the report characterizes Defendant's
methamphetamine use as a violation of KRS § 218A.1415,
first-degree possession of a controlled substance, a Class D
felony. This is a Grade B violation.
#3 charges a violation of Special Condition #10, which
required Defendant to complete four months at a residential
re-entry center. Based on his termination from Dismas
Charities on May 7, this is a Grade C violation.
Court conducted an initial appearance pursuant to Rule 32.1
on May 9, 2019, and set a final hearing following a knowing,
voluntary, and intelligent waiver of the right to a
preliminary hearing. D.E. 822. The United States moved for
interim detention; Defendant did not argue for release.
Id. Based on the heavy defense burden under 18
U.S.C. § 3143(a), the undersigned remanded Defendant to
the custody of the United States Marshal. Id.
final hearing on May 20, 2019, Defendant was afforded all
rights due under Rule 32.1 and 18 U.S.C. § 3583. D.E.
823. Defendant competently entered a knowing, voluntary, and
intelligent stipulation to all three violations.
Id.He admitted using and possessing methamphetamine,
and that he was dismissed from the halfway house for that
behavior. For purposes of Rule 32.1 proceedings, Defendant
admitted the factual basis for each violation as described in
the Report. In the Supervised Release context, the Sixth
Circuit treats controlled substance use as equivalent to
possession. See United States v. Crace, 207 F.3d
833, 836 (6th Cir. 2000). The United States thus established
all three violations under the standard of § 3583(e).
Court has evaluated the entire record, including the
Supervised Release Violation Report and accompanying
documents, and the sentencing materials from the underlying
Judgment. Additionally, the Court has considered all the
§ 3553 factors imported into the § 3583(e)
§ 3583(e)(3), a defendant's maximum penalty for a
supervised release violation hinges on the gravity of the
underlying offense of conviction. Defendant pleaded guilty to
being an unlawful drug user in possession of a firearm, a
Class C felony. See 21 U.S.C. § 922(g)(3); 18
U.S.C. § 3559(a)(3). For a Class C felony, the maximum