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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION

 

UNITED STATES OF AMERICA

v. 

NAOMI ANN PEREZ

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CASE NUMBER 1:23-CR-45

REPORT AND RECOMMENDATION ON PETITION FOR WARRANT

FOR OFFENDER UNDER SUPERVISION

Pending is a “Petition for Warrant or Summons for Offender Under Supervision” filed

April 19, 2023, alleging that the Defendant, Naomi Ann Perez, violated her conditions of 

supervised release. This matter is referred to the undersigned United States magistrate judge for 

review, hearing, and submission of a report with recommended findings of fact and conclusions 

of law. See United States v. Rodriguez, 23 F.3d 919, 920 n.1 (5th Cir. 1994); see also 18 U.S.C. 

§ 3401(i) (2000); E.D. Tex. Crim. R. CR-59.

I. The Original Conviction and Sentence

Perez was sentenced on July 11, 2019, before The Honorable Orlando L. Garcia, Chief

U.S. District Judge for the Western District of Texas, after pleading guilty to the offense of

Possession with Intent to Distribute Cocaine, a Class B felony. This offense carried a statutory

maximum imprisonment term of 40 years. The guideline imprisonment range, based on a total

offense level of 24 and a criminal history category of IV, was 77 to 96 months. Perez was 

subsequently sentenced, below the advisory guideline range, to 65 months of imprisonment

followed by a 5 year term of supervised release subject to the standard conditions of release plus

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special conditions to include treatment and testing for substance abuse; abstinence from alcohol

and all other intoxicants; and $100 special assessment.

II. The Period of Supervision

On September 1, 2022, Perez completed her period of imprisonment and began service of 

the supervision term. On May 11, 2023, jurisdiction in this case was transferred to the Eastern 

District of Texas and the case was reassigned to United States District Judge Michael J. 

Truncale.

III. The Petition

United States Probation filed the Petition for Warrant for Offender Under Supervision 

raising six allegations. The petition alleges that Perez violated the following conditions of 

release:

Allegation 1. After initially reporting to the probation office, the defendant will 

receive instructions from the court or the probation officer about how and when 

she must report to the probation officer, and she must report to the probation 

officer as instructed.

Allegation 2. The defendant shall live at a place approved by the probation 

officer. If the defendant plans to change where she lives or anything about his or 

her living arrangements (such as the people the defendant lives with), the 

defendant shall notify the probation officer at least ten (10) days before the 

change. If notifying the probation officer in advance is not possible due to 

unanticipated circumstances, the defendant shall notify the probation officer 

within seventy-two (72) hours of becoming aware of a change or expected 

change.

Allegation 3. The defendant shall work full time (at least 30 hours per week) at a 

lawful type of employment unless the probation officer excuses the defendant 

from doing so. If the defendant does not have full-time employment, he or she 

shall try to change where the defendant works or anything about his or her work 

(such as the position or job responsibilities), the defendant shall notify the 

probation officer at least ten (10) days before the change. If notifying the 

probation officer at least ten (10) days in advance is not possible due to 

unanticipated circumstances, the defendant shall notify the probation officer 

within seventy-two (72) hours of becoming aware of a change or expected 

change.

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Allegation 4. The defendant shall refrain from any unlawful use of controlled 

substance.

Allegation 5. The defendant shall participate in a substance abuse treatment 

program and follow the rules and regulations of that program. The program may 

include testing and examination during and after program completion to 

determine if the defendant has reverted to the use of drugs. The probation officer 

shall supervise the participation in the program (provider, location, modality, 

duration, intensity, etc.). During treatment, the defendant shall abstain from the 

use of alcohol and any and all intoxicants.

Allegation 6. The defendant shall abstain from use of alcohol and all other 

intoxicants during the term of supervision.

IV. Proceedings

On May 23, 2023, the undersigned convened a hearing pursuant to Rule 32.1 of the 

Federal Rules of Criminal Procedure to hear evidence and arguments on whether the Defendant 

violated conditions of supervised release, and the appropriate course of action for any such 

violations.

At the revocation hearing, counsel for the Government and the Defendant announced an 

agreement as to a recommended disposition regarding the revocation. The Defendant agreed to 

plead “true” to the first allegation that claimed she failed to report to her probation officer as 

directed. In return, the parties agreed that Perez should serve a term of six (6) months’ 

imprisonment, with two years of supervised release to follow. The Defendant’s agreed upon 

revocation sentence shall run concurrently to the six month revocation imprisonment sentence

imposed in 1:23-CR-46.

V. Principles of Analysis

According to Title 18 U.S.C. § 3583(e)(3), the court may revoke a term of supervised 

release and require the defendant to serve in prison all or part of the term of supervised release 

authorized by statute for the offense that resulted in such term of supervised release without 

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credit for time previously served on post-release supervision, if the court, pursuant to the Federal 

Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by 

a preponderance of the evidence that the defendant violated a condition of supervised release, 

except that a defendant whose term is revoked under this paragraph may not be required to serve 

on any such revocation more than five years in prison if the offense that resulted in the term of 

supervised release is a Class A felony, more than three years if such offense is a Class B felony, 

more than two years in prison if such offense is a Class C or D felony, or more than one year in 

any other case. The original offense of conviction was a Class B felony, therefore, the maximum 

imprisonment sentence is 3 years. 

According to U.S.S.G. § 7B1.1(a)1, if the court finds by a preponderance of the evidence 

that the Defendant violated conditions of supervision by failing to report to her probation officer 

as directed, the Defendant will be guilty of committing a Grade C violation. U.S.S.G. § 

7B1.3(a)(2) indicates that upon a finding of a Grade C violation, the court may (A) revoke 

probation or supervised release; or (B) extend the term of probation or supervised release and/or 

modify the conditions of supervision.

U.S.S.G. § 7B1.4(a) provides that in the case of revocation of supervised release based on 

a Grade C violation and a criminal history category of IV, the policy statement imprisonment 

range is 6 to 12 months.

According to U.S.S.G. § 7B1.3(c)(2), where the minimum term of imprisonment 

determined under U.S.S.G. § 7B1.4 is more than six months but not more than ten months, the 

minimum term may be satisfied by (A) a sentence of imprisonment; or (B) a sentence of 

imprisonment that includes a term of supervised release with a condition that substitutes 

1. All of the policy statements in Chapter 7 that govern sentences imposed upon revocation of supervised release 

are non-binding. See U.S.S.G. Ch. 7 Pt. A; United States v. Price, 519 F. App’x 560, 562 (11th Cir. 2013). 

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community confinement or home detention according to the schedule in U.S.S.G. § 5C1.1(e), 

provided that at least one-half of the minimum term is satisfied by imprisonment.

According to 18 U.S.C. § 3583(h), when a term of supervised release is revoked and the 

defendant is required to serve a term of imprisonment, the court may include a requirement that 

the defendant be placed on a term of supervised release after imprisonment. The length of such a 

term of supervised release shall not exceed the term of supervised release authorized by statute 

for the offense that resulted in the original term of supervised release, less any term of 

imprisonment that was imposed upon revocation of supervised release. The authorized term of 

supervised release for this offense is not more than Life.

U.S.S.G. § 7B1.3(g)(2) indicates where supervised release is revoked and the term of 

imprisonment imposed is less than the maximum term of imprisonment imposable upon 

revocation, the court may include a requirement that the defendant be placed on a term of 

supervised release upon release from imprisonment. The length of such a term of supervised 

release shall not exceed the term of supervised release authorized by statute for the offense that 

resulted in the original term of supervised release, less any term of imprisonment that was 

imposed upon revocation of supervised release.

In determining the Defendant’s sentence, the court shall consider:

1. The nature and circumstance of the offense and the history and characteristics of the 

defendant; see 18 U.S.C. § 3553(a)(1);

2. The need for the sentence imposed: to afford adequate deterrence to criminal conduct; 

to protect the public from further crimes of the defendant; and to provide the 

Defendant with needed educational or vocational training, medical care, other 

corrective treatment in the most effective manner; see 18 U.S.C. §§ 3553 (a)(2)(B)-

(D);

3. Applicable guidelines and policy statements issued by the Sentencing Commission, 

for the appropriate application of the provisions when modifying or revoking 

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supervised release pursuant to 28 U.S.C. § 994(a)(3), that are in effect on the date the 

defendant is sentenced; see 18 U.S.C. 3553(a)(4); see also 28 U.S.C. § 924(A)(3);

4. Any pertinent policy statement issued by the Sentencing Commission, pursuant to 28 

U.S.C. § 994(a)(2), that is in effect on the date the defendant is sentenced; see 18 

U.S.C. § 3553(a)(5); and

5. The need to avoid unwarranted sentence disparities among defendants with similar 

records who have been found guilty of similar conduct; see 18 U.S.C. § 3553(a)(6).

6. The need to provide restitution to any victims of the offense. 

18 U.S.C. §§ 3583(e) and 3553(a). 

VI. Application

The Defendant pled “true” to the petition’s allegation that she violated a standard

condition of release that she failed to report to her probation officer as directed. Based upon the 

Defendant’s plea of “true” to this allegation of the Petition for Warrant or Summons for Offender 

Under Supervision and U.S.S.G. § 7B1.1(a), the undersigned finds that the Defendant violated a 

condition of supervised release. 

The undersigned has carefully considered each of the factors listed in 18 U.S.C. § 

3583(e). The Defendant’s violation is a Grade C violation, and the criminal history category is 

IV. The policy statement range in the Guidelines Manual is 6 to 12 months. The Defendant did 

not comply with the conditions of supervision and has demonstrated an unwillingness to adhere 

to conditions of supervision. 

Consequently, incarceration appropriately addresses the Defendant’s violation. The 

sentencing objectives of punishment, deterrence and rehabilitation along with the 

aforementioned statutory sentencing factors will best be served by a prison sentence of six

months, with two years of supervised release to follow. The Defendant’s agreed upon revocation 

sentence shall run concurrently to the six months’ revocation imprisonment sentence imposed in 

case number 1:23-CR-46.

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VII. Recommendations

The court should find that the Defendant violated the allegation in the petition that she

violated a standard condition of release by failing to report to her probation officer as directed. 

The petition should be granted and the Defendant’s supervised release should be revoked 

pursuant to 18 U.S.C. § 3583. The Defendant should be sentenced to a term of six months’ 

imprisonment, with two years of supervised release to follow. The sentence shall run 

concurrently to the six months’ revocation imprisonment sentence imposed in 1:23-CR-46. The 

Defendant requested to serve her prison term at the Federal Correctional Institution in Bryan, 

Texas. The Defendant’s request should be accommodated, if possible.

In addition to the mandatory and standard conditions of supervised release, the same 

special conditions orally pronounced by the undersigned at the final revocation hearing shall be 

imposed. The rationale for these special conditions is contained in the Defendant’s Presentence 

Investigation Report. 

VIII. Objections

At the close of the revocation hearing, the Defendant, defense counsel, and counsel for 

the government each signed a standard form waiving their right to object to the proposed 

findings and recommendations contained in this report, consenting to revocation of supervised 

release, and consenting to the imposition of the above sentence recommended in this report 

(involving all conditions of supervised release, if applicable). The Defendant also waived her

right to be present and speak and have her counsel present and speak before the district court 

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imposes the recommended sentence. Therefore, the court may act on this report and 

recommendation immediately.

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 1st day of June, 2023.

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