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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

v.

NATHAN PHILLIP WEBSTER

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CRIMINAL NO. 4:23-CR-96-ALM-KPJ

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Pending before the Court is the Government’s request for revocation of Defendant’s 

supervised release. After the District Court referred the matter to this Court for a report and 

recommendation, the Court conducted a hearing on May 16, 2024, to determine whether Defendant 

violated his supervised release. Defendant was represented by Mr. Howard Blackmon. The 

Government was represented by Assistant United States Attorney Wes Wynne.

On May 11, 2016, United States District Judge James H. Payne, sentenced Defendant to a 

term of one hundred and eight (108) months imprisonment followed by three (3) years of 

supervised release. See Dkt. 6 at 1. On January 24, 2022, Defendant completed his term of 

imprisonment and began serving the term of supervision. See id.

On February 1, 2024, the U.S. Probation Officer filed the Petition for Warrant or Summons 

for Offender Under Supervision (the “Petition”) (Dkt. 6), alleging Defendant violated eight 

conditions of supervised release. See id. at 1–3. The Petition asserts Defendant violated the 

following conditions of supervision: (1) Defendant shall not commit another federal, state, or local 

crime; (2) Defendant shall not unlawfully possess a controlled substance; (3) Defendant shall 

refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer 

any controlled substance or any paraphernalia related to any controlled substances, except as 

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prescribed by a physician; (4) Defendant shall not commit another federal, state, or local crime; 

(5) Defendant shall not unlawfully possess a controlled substance; (6) Defendant shall refrain from 

excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any 

controlled substance or any paraphernalia related to any controlled substances, except as 

prescribed by a physician; (7) Defendant shall report to the probation officer in a manner and 

frequency directed by the Court or probation officer; and (8) Defendant must participate in any 

combination of psychiatric, psychological, or mental health treatment programs, and follow the 

rules and regulations of that program, until discharged. This includes taking any mental health 

medication as prescribed by your treating physician. The probation officer, in consultation with 

the treatment provider, will supervise your participation in the program. See id.

The Petition asserts Defendant violated the foregoing conditions as follows:

(1)–(3) On March 7, 2023, Defendant was arrested by the Arlington Police Department for 

committing the offenses of Driving While Intoxicated/Open Container; Delivery of 

Marijuana 1/4oz-5lbs; Manufacture and Delivery of a Controlled Substance 

PG2 >=400 Grams, and Manufacture Delivery of a Controlled Substance 

PG1 >=4<200 Grams.

Per the arrest report, on March 7, 2023, Arlington Police Department noticed the 

vehicle Defendant was driving in two lanes and unable to maintain a single lane of 

travel. Upon making contact with Defendant, the officer immediately smelled the 

odor of an alcoholic beverage emitting from his breath. Defendant failed the field 

sobriety test and was placed under arrest for Driving While Intoxicated. It was later 

determined that Defendant operated a motor vehicle while under the influence of

methamphetamine; such was confirmed via Forensic Toxicology Results-Tarrant 

County Medical Examiner’s Office. Upon search of the vehicle Defendant was 

operating, a box containing marijuana was located, as was a crystal substance. Both 

substances were later tested and confirmed positive as marijuana and 

methamphetamine. Defendant’s personal items were inventoried, and his cash 

totaled $1,070, noted in denominations of (6) $100, (1) $50, and (21) $20 bills.

Defendant posted bond from Tarrant County Corrections Center and remained free 

on bond until being arrested for additional charges on January 28, 2024.

As of this writing, the aforementioned misdemeanor charges remain pending in 

Tarrant County-County Criminal Court Number 8; the felony offenses remain 

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pending in Tarrant County-Criminal District Court, Number Four. The next 

scheduled court date in these four cases is February 15, 2024.

(4)–(6) On January 28, 2024, Defendant was arrested by the Euless Police Department for 

committing the offenses of Evading Arrest and Detention with a Vehicle, 

Tamper/Fabricate Physical Evidence with Intent to Impair, and Manufacture and 

Delivery of a Controlled Substance PG1 >4<=200Grams; bond amounts of $5,000, 

$5,000, and $10,000 were respectively imposed. As of this writing, Defendant

remains in custody of Tarrant County Corrections Center. An offense report has 

been requested, but not yet received from Euless Police Department regarding these 

aforementioned offenses.

(7) On January 25, 2022, Defendant was enrolled in the Electronic Reporting System 

and instructed to submit a monthly report online by the 5th of each month. 

Defendant failed to submit a monthly report by the fifth day of the month as 

instructed during September 2023, and January 2024.

(8) In December 2023, Defendant was unsuccessfully discharged from mental health 

treatment with NOC Clinical Counseling and Consulting PLLC, due to lack of 

change in his improved cognitions, as well as a verbalized refusal to continue 

treatment services.

On May 16, 2024, the Court conducted a final revocation hearing on the Petition. See 

Minute Entry for May 16, 2024. Defendant entered a plea of true to allegations seven and eight, 

consented to revocation of his supervised release, and waived his right to object to the proposed 

findings and recommendations of the undersigned. See id.; Dkt 15. The Government moved to 

withdraw allegations one through six, which the Court granted. See Minute Entry for May 16, 

2024. The Court finds Defendant violated the terms of his supervised release, and thus, his

supervised release should be revoked.

RECOMMENDATION

Pursuant to the Sentencing Reform Act of 1984, and having considered the arguments 

presented at the May 16, 2024 hearing, the Court recommends that Defendant be committed to the 

custody of the Bureau of Prisons to be imprisoned for a term of twenty (20) months, to run 

consecutive to any other term of imprisonment, with no supervised release to follow. The Court 

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further recommends that Defendant receive three hundred and seventy (370) days credit to his term 

of imprisonment for over-serving on his previous sentence. The Court further recommends 

Defendant be placed at FCI Seagoville in Seagoville, Texas, if appropriate.

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