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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

LUFKIN DIVISION

 

UNITED STATES OF AMERICA

v. 

HANNAH CLAIR POWER

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CASE NUMBER 9:23-CR-22

REPORT AND RECOMMENDATION ON PETITION FOR WARRANT

FOR OFFENDER UNDER SUPERVISION

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

October 2, 2023, alleging that the Defendant, Hannah Clair Power, 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

Power was sentenced on May 2, 2022, before The Honorable David C. Joseph of the

Western District of Louisiana after pleading guilty to the offense of Accessory After The Fact -

Public Money, Property, or Records, a Class D felony. This offense carried a statutory 

maximum imprisonment term of 5 years. The guideline imprisonment range, based on a total 

offense level of 6 and a criminal history category of III, was 2 to 8 months. Power was

subsequently sentenced to 8 months’ imprisonment, followed by three years of supervised 

release, subject to the standard conditions of release, plus special conditions to include financial 

disclosure, mandatory drug testing, and substance abuse treatment. On June 14, 2022, Power

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completed her period of imprisonment but failed to report to the U.S. Probation Office within 72

hours of her release. Consequently, the U.S. Probation Office filed a Petition for Warrant and 

initiated revocation proceedings.

II. The Period of Supervision

On August 25, 2022, Power’s term of supervised release was revoked to 8 months’

imprisonment, to run consecutively with any sentence given on revocation with Vernon Parish,

30th Judicial Court, criminal docket number 88,659. On February 16, 2023, Power completed 

her term of imprisonment and began her term of supervised release in the Eastern District of 

Texas, Lufkin Division.

On May 4, 2023, Power’s conditions of supervised release were modified to include the

following special condition:

You 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. You must 

pay any cost associated with treatment and testing.

On August 15, 2023, jurisdiction was transferred to the Eastern District of Texas, Lufkin 

Division.

III. The Petition

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

raising four allegations. The petition alleges that Power violated the following conditions of 

release:

Allegation 1. The Defendant shall not commit another federal, state, or local 

crime.

Allegation 2. The Defendant must live at a place approved by the probation 

officer and must notify the probation officer at least 10 days before any change. 

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Allegation 3. The 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 her treating physician. The probation officer, 

in consultation with the treatment provider, will supervise participation in the 

program. The Defendant must pay any cost associated with treatment and testing.

Allegation 4. The Defendant shall participate in an outpatient substance abuse 

treatment program under the guidance of the Probation Office and shall follow the 

rules and regulations of that program. She shall submit to drug testing as directed 

by the treatment facility and Probation Officer during the term of supervision and 

shall contribute to the cost of the treatment program in accordance with her ability 

to pay. Defendant shall also refrain from alcohol use while in the substance abuse 

treatment program.

IV. Proceedings

On November 14, 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 third allegation that claimed she failed to attend counseling as instructed. In 

return, the parties agreed that Power should serve a term of eleven (11) months’ imprisonment,

with 1 year supervised release to follow.

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 

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

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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 D felony, therefore, the maximum 

imprisonment sentence is 2 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 attend counseling 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 III, the policy statement imprisonment 

range is 5 to 11 months.

According to U.S.S.G. § 7B1.3(c)(1), where the minimum term of imprisonment 

determined under U.S.S.G. § 7B1.4 is at least one month but not more than six 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), for 

any portion of the minimum term.

According to U.S.S.G. § 7B1.3(d), any restitution, fine, community confinement, home 

detention, or intermittent confinement previously imposed in connection with a sentence for 

which revocation is ordered that remains unpaid or unserved at the time of revocation shall be 

ordered to be paid or served in addition to the sanction determined under U.S.S.G. § 7B1.4 and 

any such unserved period of community confinement, home detention, or intermittent 

confinement may be converted to an equivalent period of 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 3 years.

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.

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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 

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 special condition 

of release that she failed to attend counseling 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 

III. The policy statement range in the Guidelines Manual is 5 to 11 months. The Defendant did 

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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 11

months, with one year of supervised release to follow.

VII. Recommendations

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

violated a special condition of release by failing to attend counseling as directed by her probation 

officer. 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 eleven 

(11) months’ imprisonment, with one year of supervised release to follow. 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.

As stated at the final revocation hearing, without objection, the same mandatory, standard 

and special conditions of supervised release previously imposed when the Defendant was 

originally sentenced in this case shall be re-imposed. Such conditions are set forth in the 

Judgment, and 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 

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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 counsel present and speak before the district court

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

recommendation immediately.

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 22nd day of November, 2023.

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