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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

 

UNITED STATES OF AMERICA

v. 

AUSTIN ALAN HALL

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CASE NUMBER 6:23-CR-00041-JCB

REPORT & RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

On April 2, 2024, the court conducted a hearing to consider the government’s petition to 

revoke the supervised release of Defendant Austin Alan Hall. The government was represented by 

Dustin Farahnak, Assistant United States Attorney for the Eastern District of Texas, and Defendant 

was represented by Ken Hawk, Federal Public Defender.

Defendant originally pled guilty to the offense of Interstate Transmission of Extortionate 

Communication, a Class C felony. This offense carried a statutory maximum imprisonment term 

of 20 years. The guideline imprisonment range, based on total offense level of 20 and criminal 

history category of I, was 33 to 41 months. A motion for variance was file by Defendant, and on 

March 3, 2022, U.S. District Judge Elizabeth E. Foote of the Western District of Louisiana

sentenced Defendant below the guideline range to 27 months imprisonment, followed by 2 years 

of supervised release subject to the standard conditions of release, plus special conditions to 

include substance abuse testing and treatment, mental health treatment, and placement in a halfway 

house following release for a period of 180 days.

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On February 3, 2023, Defendant completed his period of imprisonment and began service 

of the supervision term. On March 23, 2023, Defendant’s term of supervised release was 

transferred to the Eastern District of Texas. On December 22, 2023, Defendant’s conditions of 

supervised release were modified to include 120 days in a residential reentry center. On February 

22, 2024, Defendant’s conditions of supervised release were modified to include 90 days in the 

Salvation Army. 

Under the terms of supervised release, Defendant was required to notify his probation 

officer at least 10 days before changing residences. In its petition, the government alleges that 

Defendant violated his conditions of supervised release on December 5, 2023, when he moved out 

of his approved residence and failed to notify his probation officer at least 10 days before the move.

If the court finds by preponderance of the evidence that Defendant violated the conditions 

of supervised release as detailed above, Defendant will have committed a Grade C violation. 

U.S.S.G. § 7B1.1(a). Upon finding of a Grade C violation, the court may (A) revoke supervised 

released; or (B) the court may extend the term of supervised release and/or modify the conditions 

of supervision. U.S.S.G. § 7B1.3(a)(1). Considering Defendant’s criminal history category of I,

the Guideline imprisonment range for a Grade C violation is 3 to 9 months. U.S.S.G. § 7B1.4(a). 

At the hearing, the parties indicated that they had come to an agreement to resolve the 

petition whereby Defendant would plead true to the Grade C violation of the conditions of 

supervision referenced above. In exchange, the government recommended to the court a sentence 

of 6 months imprisonment with no supervised release to follow.

The court therefore RECOMMENDS that Defendant Austin Alan Hall’s plea of true be 

accepted and he be sentenced to 6 months imprisonment with no supervised release to follow. The 

court further RECOMMENDS that Defendant serve his sentence at FMC Ft. Worth, Texas, if 

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available. The parties waived their right to objections so this matter shall be immediately presented 

to the District Judge for consideration.

So ORDERED and SIGNED this 3rd day of April, 2024.

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