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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

 

UNITED STATES OF AMERICA,

v. 

MONTY RAY JORDAN,

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CASE NUMBER 6:23-CR-00105-JCB

REPORT AND RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

On December 14, 2023, the court conducted a hearing to consider the government’s 

petition to revoke the supervised release of Defendant Monty Jordan. 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 offenses of Bank Robbery (Class B), Use 

or Carry of a Firearm During the Commission of a Crime of Violence (Class D), and Felon in 

Possession of a Firearm (Class B). 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. 

On April 4, 2000, District Judge James Nowlin of the Western District of Texas sentenced 

Defendant to a total imprisonment term of 272 months followed by five years of supervised release, 

subject to the standard conditions of release, plus special conditions to include drug aftercare, 

financial disclosure, and monetary restitution. On July 19, 2019, Defendant completed his term of 

imprisonment and began his term of supervised release. Supervision was subsequently transferred 

to this district. 

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

use of a controlled substance. In Allegation 2 of its petition, the government alleges that Defendant 

violated the conditions of his supervised release when he submitted urine specimens that tested 

positive for marijuana on June 3, 2021, July 22, 2023, August 9, 2023, August 21, 2023, September 

12, 2023, and September 14, 2023. If the court finds by a preponderance of the evidence that 

Defendant violated the conditions of supervised release by using marijuana, Defendant will have 

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

court may revoke the term of supervision. U.S.S.G. § 7B1.3(a)(2). 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 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 6 months imprisonment with no supervised release to follow. The 

sentence recommended by the government is a slight downward departure from the advisory 

guideline range due to Defendant’s medical condition. After considering the parties’ arguments, 

the court finds a slight departure appropriate due to Defendant’s medical condition. 

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

sentenced to a term of 6 months imprisonment with no supervised release to follow. The court 

further RECOMMENDS that he serve his sentence at FMC Fort Worth, if available. The parties 

waived their right to objections so this matter shall be immediately presented to the District Judge 

for consideration.

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So ORDERED and SIGNED this 15th day of December, 2023.

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