REPORT AND RECOMMENDATION – Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

v. 

MICHAEL DESHUN HOLLAND, JR. (1)

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CRIMINAL ACTION NO. 4:23-CR-00266-

ALM-AGD

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Now before the court is the request for revocation of Defendant Michael Deshun Holland, 

Jr.’s (“Defendant”) supervised release. After the District Judge referred the matter to this court for 

a report and recommendation, the court conducted a hearing on April 12, 2024, to determine 

whether Defendant violated his supervised release. Defendant was represented by Douglas 

Schopmeyer of the Federal Public Defender’s Office. The Government was represented by Chris 

Rapp.

Defendant was sentenced on June 5, 2017, before The Honorable Sam A. Lindsay of the 

Northern District of Texas after pleading guilty to the offenses of Count 1, Conspiracy to Interfere 

with Commerce by Robbery, a Class C felony, and Count 4, Using, Carrying, Brandishing, and 

Discharging a Firearm During and in Relation to a Crime of Violence, a Class A felony. Count 1 

carried a statutory maximum imprisonment term of 20 years. The guideline imprisonment range, 

based on a total offense level of 29 and a criminal history category of I, was 87 to 108 months. 

Count 4 carried a statutory maximum imprisonment term of Life and must be imposed consecutive 

to any other counts. The guideline imprisonment range, based on a total offense level of 29 and a 

criminal history category of I, was a 10-year mandatory minimum term required by statute. He 

was subsequently sentenced to 100 months as to Count 1 and 120 months as to Count 4, to run 

consecutively, for a total term of 220 months imprisonment, followed by a 3 year term of 

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supervised release as to both counts to run concurrently subject to the standard conditions of 

release, plus special conditions to include substance use testing and treatment, mental health 

treatment, financial disclosure, $100 special assessment fee, and $715.00 in restitution. 

On April 9, 2021, the sentence was amended to 108 months imprisonment followed by a 

2-year term of supervised release, pursuant to the Defendant’s Motion to Vacate, Set Aside, or 

Correct Sentence, with respect to Count 4 of the indictment, Using, Carrying, Brandishing, and 

Discharging a Firearm During and in Relation to a crime of violence, 18 U.S.C. Section 924 (c) 

(1) (A) (iii). On June 9, 2023, Defendant completed his period of imprisonment and began service 

of the supervision term. 

On April 26, 2023, jurisdiction of this case was transferred to the Eastern District of Texas, 

and the case was reassigned to The Honorable Amos L Mazzant III, U.S. District Judge for the 

Eastern District of Texas. 

On December 13, 2023, the United States Probation Officer executed a Petition for Warrant 

or Summons for Offender Under Supervision (Dkt. #2, Sealed). The Petition asserts that 

Defendant violated the following conditions: (1) Mandatory Condition: Defendant must refrain 

from any unlawful use of a controlled substance; (2) Standard Condition: After initially reporting 

to the probation office, Defendant will receive instructions from the Court or the Probation Officer 

about how and when Defendant must report to the Probation Officer, and Defendant must report 

to the Probation Officer as instructed; (3) Standard Condition: Defendant must not knowingly 

leave the federal judicial district where he is authorized to reside without first getting permission 

from the Court or the Probation Officer; (4) Standard Condition: Defendant must follow the 

instructions of the Probation Officer related to the conditions of supervision; (5) Special Condition: 

Defendant shall participate in outpatient mental health treatment services as directed by the 

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Probation Officer until successfully discharged. The services may include medications prescribed 

by a licensed physician. Defendant shall contribute to the costs of services rendered (copayment) 

at a rate of at least $10 per month; and (6) Special Condition: Defendant shall participate in an 

outpatient program approved by the U.S. Probation Office for treatment of narcotic, drug, or 

alcohol dependency, which will include testing for the detection of substance use or abuse. 

Defendant shall abstain from the use of alcohol and/or all other intoxicants during and after 

completion of treatment. Defendant shall contribute to the costs of services rendered (copayment) 

at a rate of at least $10 per month (Dkt. #2 at pp. 1–4, Sealed).

The Petition alleges that Defendant committed the following acts: (1) On July 17, 2023, 

Defendant submitted a urine specimen at Addiction Recovery Center, Lewisville, Texas, which 

tested positive for marijuana and cocaine. He admitted verbally and in writing that he consumed 

alcohol and marijuana on June 15, 2023. As for the cocaine, he advised that he consumed alcohol 

which may have had cocaine-based pills in the drink. The specimen was sent to the national lab 

for confirmation and was confirmed positive for both marijuana and cocaine. On September 25, 

2023, Defendant submitted another urine specimen at Addiction Recovery Center, Lewisville, 

Texas, which tested positive for marijuana. He admitted in writing to using marijuana. The 

specimen was sent to the national lab and was confirmed positive. On October 6, 2023, Defendant

submitted another urine specimen at Addiction Recovery Center, Lewisville, Texas, which tested 

positive for marijuana. Defendant denied it was new use. The specimen was sent to the national 

lab and was confirmed positive. On October 10, 2023, Defendant submitted another urine 

specimen at Addiction Recover Center, Lewisville, Texas, which tested positive for marijuana. 

Defendant advised it was not new use and stated the results were residual. The specimen was sent 

to the national lab and was confirmed positive. On October 17, 2023, the U.S. Probation Office 

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received an Interpretation Report from Alere Toxicology confirming Defendant reused marijuana 

or a product containing Delta-9 THC after September 25, 2023, and prior to the collection on 

October 6, 2023. Defendant also reused marijuana or a product containing Delta-9 THC after 

October 6, 2023, and prior to the collection on October 10, 2023; (2) On June 13, 2023, during an 

office visit, the U.S. Probation Office provided Defendant with the instructions on how and when 

he must report monthly. For the months of August, September, October, and November 2023, 

Defendant failed to submit an electronic monthly supervision report by the 5th day of each month; 

(3) On October 19, 2023, the U.S. Probation Office attempted an unannounced home visit with 

Defendant. However, the U.S. Probation Office was notified that Defendant had been staying with 

his girlfriend in Dallas, Texas, within the Northern District of Texas, for a week at a time. The 

U.S. Probation Office advised Defendant that if he wanted to travel to the Northern District 

overnight, he needed to obtain permission from the Probation Officer. On December 2, 2023, the 

U.S. Probation Office attempted an unannounced home visit with Defendant. However, the U.S. 

Probation Office was again notified that Defendant was staying at his girlfriend’s residence in 

Garland, Texas. He did not have permission to be in the Northern District of Texas; (4) Defendant

was advised on several occasions to contact MHMR in Denton County to assist him with resuming 

a mental health medication regimen since he previously admitted he was using drugs to selfmedicate. However, Defendant failed to contact MHMR as directed. Additionally, the U.S. 

Probation Office again advised Defendant that if he wanted to stay with his girlfriend, he need to 

obtain permission from the U.S. Probation Office. However, he failed to request permission from 

the U.S. Probation Office and still traveled outside the Eastern District of Texas without 

permission; (5) On August 8, 2023, Well Culture Counseling in Denton, Texas performed a mental 

health assessment on Defendant. The provider stated the results were invalid and uninterpretable 

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due to inconsistent responses and failure to answer all questions. As such, Defendant did not 

participate as directed. Defendant admitted, on several occasions, that he did not take previously 

prescribed mental health medication because he does not like the way they make him feel. Instead, 

he has resorted to using marijuana. Defendant has also refused to contact MHMR to obtain a new 

medication regimen; and (6) On September 16, 2023, October 21, 2023, and November 2, 2023, 

Defendant failed to report for a drug test at Addiction Recovery Center in Lewisville, Texas as 

directed by the random drug testing program. (Dkt. #2 at pp. 1–4, Sealed).

Prior to the Government putting on its case at the final revocation hearing, Defendant 

entered a plea of true to allegations #1 through #6 of the Petition. Having considered the Petition 

and the plea of true to allegations #1 through #6, the court finds that Defendant did violate his

conditions of supervised release. 

Defendant waived his right to allocute before the District Judge and his right to object to 

the report and recommendation of this court.

RECOMMENDATION

Pursuant to the Sentencing Reform Act of 1984, the court recommends that Defendant’s 

supervised release be revoked and that he be committed to the custody of the Bureau of Prisons to 

be imprisoned for an additional term of imprisonment of eight (8) months, with a term of twentyfour (24) months supervised release to follow. 

The court also recommends that Defendant be housed in the Bureau of Prisons facility in

Seagoville, Texas, if appropriate.

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