REPORT AND RECOMMENDATION – Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

UNITED STATES OF AMERICA

v. 

AARON CARSON CHEEK (1)

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CRIMINAL ACTION NO. 4:24-CR-00016-

ALM-AGD

REPORT AND RECOMMENDATION

OF UNITED STATES MAGISTRATE JUDGE

Now before the court is the request for revocation of Defendant Aaron Carson Cheek’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 May 13, 2024, to determine whether 

Defendant violated his supervised release. Defendant was represented by Howard Benjamin 

Blackmon, Jr.. The Government was represented by Chalana Oliver.

Defendant was sentenced on October 26, 2017, before The Honorable Christine N. 

Arguello of the District of Colorado after pleading guilty to the offense of Possessing and 

Brandishing a Firearm in Furtherance of a Crime of Violence, a Class A felony. This offense 

carried a statutory minimum term of 7 years and a maximum imprisonment term of Life. The 

guideline imprisonment range, based on a total offense level of N/A and a criminal history category 

of II was 84 months. Defendant was subsequently sentenced to 84 months imprisonment followed 

by 3 years supervised release subject to the standard conditions of release, plus special conditions 

to include substance abuse testing and treatment, mental health treatment, medication monitoring, 

cognitive behavioral treatment, search, and a $100 special assessment. On September 30, 2022, 

Defendant completed his period of imprisonment and began service of the supervision term. On 

February 1, 2024, jurisdiction was transferred to the Eastern District of Texas, and the case was 

reassigned to The Honorable Amos L. Mazzant, III.

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REPORT AND RECOMMENDATION – Page 2

On February 15, 2024, the United States Probation Officer executed a Petition for Warrant 

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

violated two (2) conditions of supervision, as follows: (1) Mandatory Condition Defendant must 

not commit another federal, state, or local crime; and (2) Special Condition Defendant must 

participate in and successfully complete a program of testing and/or treatment for substance abuse, 

as approved by the probation officer, until such time as Defendant is released from the program 

by the probation officer. Defendant must abstain from the use of alcohol or other intoxicants during 

the course of treatment and must pay the cost of treatment as directed by the probation officer. 

(Dkt. #2 at pp. 1–2, Sealed). 

The Petition alleges that Defendant committed the following acts: (1) On January 12, 2024, 

Defendant was arrested by the Cooke County Sheriff’s Office in Gainesville, Texas, for the offense 

of Assault Family Member Impede Breath, a 3rd Degree Felony. Defendant was released on bond, 

and the charge remains pending under Docket No. CR24-00006 in the 235th Judicial District Court 

of Cooke County, Texas. According to the Indictment, on or about January 12, 2023, in Cooke 

County, Texas, Defendant, did then and there intentionally, knowingly, or recklessly cause bodily 

injury to Courtney Cheek, a member of Defendant’s family, as described by Section 71.003 Texas 

Family Code, by impeding the normal breathing or circulation of the blood of the said complainant 

by applying pressure to the throat or neck. According to the offense report, officers were 

dispatched to the North Texas Medical Center due to a domestic disturbance. Upon arrival, Ms.

Cheek advised them Defendant assaulted her by choking her and punching her with a closed fist 

during an altercation at their residence. Ms. Cheek reported to officers that she lost consciousness 

and remembers getting up after seeing blood on her pants. After the assault, Ms. Cheek went to 

North Texas Medical Center in Gainesville, TX, where she was treated. Officers took photographs 

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REPORT AND RECOMMENDATION – Page 3

of her injuries which included bruising to her eyes, swelling of her nose and upper lip, and finger 

impressions around her neck; and (2) As part of the random drug testing program, Defendant failed 

to submit a urine sample at McCary Counseling Services, Denton, Texas, as directed, on December 

30, 2022, and January 21, 2023. (Dkt. #2 at pp. 1–2, Sealed).

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

entered a plea of true to allegation 2 of the Petition. Having considered the Petition and the plea of 

true to allegation 2, 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 twenty (20) months, with no term of supervised release to 

follow.

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

Fort Worth, Texas area, or any other medical facility, if appropriate.

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