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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

 

UNITED STATES OF AMERICA,

v. 

WILLIE J. SCUDERI,

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CASE NUMBER 6:23-CR-00129-JCB

REPORT & RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

On April 30, 2024, the court conducted a hearing to consider the government’s petition to 

revoke the supervised release of Defendant Willie Scuderi. The government was represented by 

Lucas Machicek, 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 

C felony. This offense carried statutory maximum imprisonment terms of 10 years. The guideline 

imprisonment range, based on total offense level of 25 and criminal history category of VI, was 

110 to 120 months. On September 10, 2012, U.S. District Judge Monti L. Belot of the District of 

Kansas sentenced Defendant to 120 months imprisonment, followed by a three-year term of 

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

drug after-care, search conditions (suspended), firearms/weapons restrictions, and a $100.00 

special assessment. On August 31, 2023, Defendant completed his period of imprisonment and 

began service of the supervision term. On December 5, 2023, this case was transferred to this 

district. 

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Under the terms of supervised release, Defendant was required to refrain from committing 

another federal, state, or local crime. In its petition, the government alleges that Defendant violated 

his conditions of supervised release on December 23, 2023, when he was arrested in Smith County, 

Texas for Driving While Intoxicated, a class A misdemeanor, and two counts of Accident Involving 

Damage to Vehicle, a class B misdemeanor. 

If the court finds by preponderance of the evidence that Defendant violated the conditions 

of supervised release as alleged in the government’s petition, Defendant will have committed a 

Grade C violation. U.S.S.G. § 7B1.1(a). Upon finding of a Grade C violation, the court may (A) 

revoke supervised release, or (B) extend the term of supervised release and/or modify the 

conditions of supervision. U.S.S.G. § 7B1.3(a)(1). Considering Defendant’s criminal history 

category of VI, the Guideline imprisonment range for a Grade C violation is 8 to 14 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 the Grade C violation of the conditions of 

supervision referenced above. In exchange, the government recommended to the court a sentence 

of 8 months imprisonment with no supervised release to follow. 

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

he be sentenced to 8 months imprisonment with no supervised release to follow. The court 

FURTHER RECOMMENDS that the place of confinement be FCI Seagoville, Texas, 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 1st day of May, 2024.

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