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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

 

UNITED STATES OF AMERICA,

v. 

JOSHUA CALEB TANNER,

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CASE NUMBER 6:23-CR-00027-JCB

REPORT & RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

On February 28, 2024, the court conducted a hearing to consider the government’s petition 

to revoke the supervised release of Defendant Joshua Caleb Tanner. The government was 

represented by Ryan Locker, Assistant United States Attorney for the Eastern District of Texas, 

and Defendant was represented by Jon Hyatt, federal public defender. 

Defendant originally pled guilty to the offense of Conspiracy to Distribute 

Methamphetamine, a Class C felony. This offense carried statutory maximum imprisonment term 

of life. The guideline imprisonment range, based on a total offense level of 27 and criminal history 

category of IV, was 120 to 125 months. On October 25, 2017, U.S. District Judge Elizabeth Foote 

of the Western District of Louisiana sentenced Defendant to 70 months imprisonment due to a 

downward departure, followed by 5 years of supervised release subject to the standard conditions 

of release, plus special conditions to include drug and/or alcohol abuse testing and treatment. On 

April 25, 2022, Defendant completed his period of imprisonment and began service of the 

supervision term. The case was transferred to this district on March 3, 2023. 

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

possession or use of a controlled substance, refrain from association with any persons engaged in 

criminal activities, remain in this federal judicial district unless authorized to leave, and participate 

in a program for the treatment of drug and/or alcohol addiction. In its petition, the government 

alleges that Defendant violated his conditions of supervised release on January 27, 2023, August 

14, 2023, and August 23, 2023, by submitting urine specimens that tested positive for 

methamphetamine, and by admitting to using methamphetamine on December 15, 2023. The 

government represents that Fifth Circuit case law permits a court to find that illicit drug use 

constitutes possession for the offense. The government further alleges that Defendant violated his 

conditions of supervised release by associating with an individual who was involved in criminal 

activities, traveling outside of the district on January 22, 2023 without authorization, and refusing 

participation in his drug abuse program. 

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

of supervised release by possessing methamphetamine, Defendant will have committed a Grade B 

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

supervised released. U.S.S.G. § 7B1.3(a)(1). Considering Defendant’s criminal history category 

of IV, the Guideline imprisonment range for a Grade B violation is 12 to 18 months. U.S.S.G. § 

7B1.4(a). If the court finds by preponderance of the evidence that Defendant violated the terms of 

supervised release by associating with an individual who was involved in criminal activities, 

traveling outside of the district on January 22, 2023 without authorization, and refusing 

participation in his drug abuse program, 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 IV, the 

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Guideline imprisonment range for a Grade C violation is 6 to 12 months. U.S.S.G. § 7B1.4(a).

U.S.S.G. § 7B1.1(b) indicates that where there is more than one violation of conditions of 

supervision, as is the case here, the grade of the violation is determined by the violation having the 

most serious grade—in this case, a Grade B violation.

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 B violation of the conditions of 

supervision referenced above as alleged in the government’s petition. In exchange, the government 

recommended to the court a sentence of 14 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 14 months imprisonment, with no supervised release to follow. The court further 

RECOMMENDS that Defendant serve his sentence at FCI Texarkana, Texas. 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 March, 2024.

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