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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

UNITED STATES OF AMERICA

 

vs.

CARL JOHNSON (1)

 

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§ CASE NO. 6:23-CR-00079-JCB

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REPORT AND RECOMMENDATION

ON REVOCATION OF SUPERVISED RELEASE

On January 30, 2024, the Court held a final revocation hearing on a Petition for Warrant 

or Summons for Offender under Supervision. The Government was represented by Assistant 

United States Attorney Dustin Farahnak. Defendant was represented by Assistant Federal 

Defender Ken Hawk.

Background

After pleading guilty to the offense of Conspiracy to Commit Bank Fraud and Wire Fraud,

a Class B felony, Defendant Carl Johnson was sentenced on August 17, 2022 by United States

District Judge Ed Kinkeade of the Northern District of Texas, Dallas Division. The statutory 

maximum imprisonment term was 30 years. The guideline imprisonment range, based on a total 

offense level of 14 and a criminal history category of VI, was 37 to 46 months. Defendant was 

sentenced to imprisonment for a term of 24 months followed by a 4-year term of supervised release

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

$129,425.86, no fiduciary capacity employment, no forms of untrue identification, no selling of 

assets more than $500, financial disclosure, no new lines of credit, substance abuse treatment and 

testing, and a $100 special assessment. Defendant completed his term of imprisonment and started 

his term of supervised release on December 9, 2022. The case was transferred to the Eastern 

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District of Texas, Tyler Division, and assigned to United States District Judge J. Campbell Barker 

on June 29, 2023. 

Allegations

In the Petition seeking to revoke Defendant’s supervised release, filed on June 29, 2023, 

United States Probation Officer Andrea Van Ness alleges that Defendant violated the following 

conditions of supervised release:

1. Allegation 1 (mandatory condition #3): The defendant must refrain from any 

unlawful use of a controlled substance. The defendant must submit to one drug 

test within 15 days of release from imprisonment and at least two periodic drug 

tests thereafter, as determined by the court. It is alleged that Defendant tested 

positive for marijuana/THC at the Tyler Supervision Office on December 29, 2022; 

February 22, 2023; and May 5, 2023. It is also alleged that Defendant tested positive 

for marijuana/THC at the drug testing vendor on April 12, 2023 and June 7, 2023.

2. Allegation 2 (standard condition #2): After initially reporting to the probation 

office, the defendant will receive instructions from the court or the probation 

officer about how and when he must report to the probation officer, and he must 

report to the probation officer as instructed. It is alleged that Defendant failed to 

report as instructed to the Tyler Supervision Office on June 12, 2023. 

3. Allegation 3 (special condition): The defendant shall pay to the United States a 

special assessment of $100.00 which is due immediately. It is alleged that 

Defendant failed to make monthly payments towards his special assessment balance 

since the start of his supervised release on December 9, 2022, for the months of 

January, February, March, April, and June of 2023, as instructed by the U.S. Probation 

Officer. It is alleged that his current balance is $50.00.

4. Allegation 4 (special condition): The defendant must participate in a program of 

testing and treatment for substance abuse and follow the rules and regulations of 

that program until discharged. The probation officer, in consultation with the 

treatment provider, will supervise his participation in the program. The 

defendant must pay any cost associated with treatment and testing. It is alleged 

that Defendant was unsuccessfully discharged from substance abuse treatment at the 

County Rehabilitation Center in Tyler, Texas, on June 14, 2023 due to repeated 

appointment cancellations and no shows. It is also alleged that Defendant failed to 

report as instructed on June 22, 2023 for a scheduled drug test at the drug testing 

vendor.

5. Allegation 5 (special condition): The defendant shall pay any remaining balance 

of restitution in the amount of $129,425.86, as set out in the judgment. It is alleged 

that Defendant has failed to make any monthly payment as instructed by the U.S. 

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Probation Officer towards his restitution balance since his release onto supervised 

release on December 9, 2022.

Applicable Law

According to 18 U.S.C. § 3583(e)(3), the Court may revoke the term of supervised release 

and require a Defendant to serve in prison all or part of the term of supervised release without 

credit for the time previously served under supervision, if it finds by a preponderance of the 

evidence that Defendant violated a term of supervised release. Supervised release shall be revoked 

upon a finding of a Grade A or B supervised release violation. U.S.S.G. § 7B1.3(a)(1). In the 

present case, Defendant’s original offense of conviction was a Class B felony. Accordingly, the 

maximum imprisonment sentence that may be imposed for the Class B felony is 3 years of 

imprisonment. 18 U.S.C. § 3583(e).

Under the Sentencing Guidelines, which are non-binding,1 if the Court finds by a 

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

using and possessing marijuana/THC, failing to report as instructed, being unsuccessfully 

discharged from substance abuse treatment, failing to report for a scheduled drug test, failing to 

pay his special assessment fee, and failing to pay restitution as alleged in the petition, he is guilty 

of a Grade C violation. U.S.S.G. § 7B1.1(a). Defendant’s original criminal history category was 

VI. The guidelines provide that Defendant’s guideline range of imprisonment is 8 to 14 months. 

Hearing

On January 30, 2024, Defendant appeared for a final revocation hearing. Assistant United 

States Attorney Dustin Farahnak announced that Defendant and the Government reached an

1 The United States Sentencing Guidelines as applied to revocations of supervised release “have always been nonbinding, advisory guides to district courts in supervised release revocation proceedings.” United States v. Brown, 

122 Fed.Appx. 648, 2005 WL 518704, slip op. p.1 (citing United States v. Davis, 53 F.3d 638, 642 (5th Cir. 1995)); 

see also United States v. Mathena, 23 F.3d 87 (5th Cir. 1994) (policy statements contained in Chapter 7 of the 

Sentencing Guidelines applicable to sentencing a defendant upon revocation of supervised release are advisory 

only.).

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agreement for Defendant to enter a plea of true to Allegation 1 of the petition and to jointly request 

a sentence of imprisonment for a term of 8 months with no further supervised release. After the 

Court explained to Defendant his right to a revocation hearing, he waived his right to a revocation 

hearing and entered a plea of “true” to Allegation 1 of the petition. Defendant requested a 

recommendation to the Bureau of Prisons to confine him at FMC Ft. Worth or, alternatively, FCI 

Seagoville, to accommodate his medical needs

Findings and Conclusions

I find that Defendant is competent and that his plea and waiver of the revocation hearing 

was knowingly and voluntarily made. I accept Defendant’s plea and find by a preponderance of 

the evidence that Allegation 1 of the petition is true. Defendant is guilty of a Grade C supervised 

release violation. I further find and conclude that Defendant’s term of supervised release should 

be revoked and that he should be sentenced to a term of imprisonment of 8 months with no further

supervised release. Any criminal history monetary penalties previously ordered in the final 

judgment should be imposed in this revocation, with all payments collected credited towards 

outstanding balances.

RECOMMENDATION

In light of the foregoing, it is recommended that Defendant’s plea of true to Allegation 1

of the petition be ACCEPTED and that Defendant’s term of supervised release be REVOKED. 

It is further recommended that Defendant be sentenced to a term of imprisonment of 8 months 

with no further supervised release. Any criminal monetary penalties previously ordered in the 

final judgment should be imposed in this revocation, with all payments collected credited towards 

outstanding balances. It is finally recommended that the Court request the Bureau of Prisons to 

designate Defendant to FMC Ft. Worth or, alternatively, FCI Seagoville to accommodate his 

medical needs.

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Before the conclusion of the hearing, the undersigned announced the foregoing 

recommendation and notified Defendant of his right to object to this Report and Recommendation 

and to be present and allocute before being sentenced by the Court. Defendant waived those rights 

and executed a written waiver in open court. The Government also waived its right to object to 

the Report and Recommendation. It is therefore recommended that the Court revoke Defendant’s 

supervised release and enter a Judgment and Commitment for him to be sentenced to a term of 

imprisonment of 8 months with no further supervised release.

So ORDERED and SIGNED this 30th day of January, 2024.

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