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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

 

UNITED STATES OF AMERICA,

v. 

MICHAEL G BENSCOOTER,

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CASE NUMBER 6:23-CR-00043-JDK

REPORT AND RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

On December 12, 2023, the court conducted a hearing to consider the government’s 

petition to revoke the supervised release of Defendant Michael Benscooter. The government was 

represented by Robert Wells, Assistant United States Attorney for the Eastern District of Texas, 

and Defendant was represented by Jonathan Hyatt, Federal Public Defender.

Defendant originally pled guilty to the offense of Felon in Possession of a Firearm, a Class 

A felony. The United States Sentencing Guideline range for this offense, based on a total offense 

level of 31 and a criminal history category of VI, was 188 to 235 months. The offense carried a 

maximum imprisonment term of life. 

On September 14, 2007, District Judge Jerry Buchmeyer of the Northern District of Texas

sentenced Defendant to 151 months imprisonment followed by five years of supervised release, 

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

drug after-care, mental health treatment, and a $100 special assessment. On October 17, 2022, 

Defendant completed his term of imprisonment and began his term of supervised release in the 

Eastern District of Texas. 

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Under the terms of supervised release, Defendant was prohibited from using any controlled 

substance. In Allegation 2 of its petition, the government alleges Defendant violated the conditions 

of his supervised release when his urine sample tested positive for methamphetamine and 

benzodiazepines on November 29, 2023, for methamphetamines on November 7, 2023, and for 

marijuana on March 16, 2023. The government represents that Fifth Circuit case law permits a 

court to find that illicit drug use constitutes possession for the offense. If the court finds by a 

preponderance of the evidence that Defendant violated the conditions of supervised release by 

possessing methamphetamines, benzodiazepines, and marijuana as alleged, Defendant will have 

committed a Grade B violation. U.S.S.G. § 7B1.1(a). Upon finding a Grade B violation, the court 

shall revoke supervised release. U.S.S.G. § 7B1.3(a)(1). Considering Defendant’s criminal history 

category of VI, the Guideline imprisonment range for a Grade B violation is 21 to 27 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 violating the conditions of supervision as alleged 

in Allegation 2 of the government’s petition. In exchange, the government agreed to recommend 

to the court a sentence of 21 months imprisonment, with no supervised release to follow. 

The court therefore RECOMMENDS that Defendant’s plea of true be accepted and he be 

sentenced to a term of 21 months imprisonment, with no supervised release to follow. The court 

further RECOMMENDS that Defendant serve his sentence at FCI Seagoville, if 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 13th day of December, 2023.

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