Case 4:13-cr-00165-MAC-DDB Document 32 Filed 12/15/15 Page 1 of 4 PageID #: 81
`Case 4:13—cr—OO165—MAC—DDB Document 32 Filed 12/15/15 Page 1 of 4 PagelD #: 81
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF‘ TEXAS
`SHERMAN DIVISION
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`UNITED STATES OF AMERICA,
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`Plaintiff,
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`v.
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`MICHAEL ANTHONY GOODLOE, .lR.,
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`Defendant.
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`f-0‘=<‘/.7-‘rf/J'3€0’Jf/30°O'3€0'3%'oD’>60'J
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`CRIMINAL ACTION NO. 4:13-CR~l65(l)
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`REPORT AND RECONIMENDATION
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`OF UNITED STATES MAGISTRATE JUDGE
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`Now before the Court is the request for revocation of Defendant’s supervised release.
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`After the District Judge referred the matter to this Court for a report and recommendation, the
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`Court conducted a hearing on December 15, 2015, to determine whether Defendant violated his
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`supervisecl release. Defendant was represented by Denise Benson. The Governnient was
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`represented by Kevin McClendon.
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`On March '24, 2011, Defendant was sentenced by the Honorable United States District
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`Judge Mary Ann Vial Lemmon of the Eastern District of Louisiana after pleading guilty to the
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`offense of Conspiracy to Commit Healthcare Fraud, a Class D felony. Defendant was sentenced
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`to eighteen (18) months imprisonment followed by a three (3) year time of supervised release.
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`On April 27, 2012, Defendant completed his period of imprisomnent and began service of his
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`term of supervised release.
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`On December 17, 2013, the term of supervised release was revoked, and the Defendant
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`was sentenced to six (6) months iniprisonmcnt,
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`followed by a thirty (30) month term of
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`REPORT AND RECOMMENDATION ~ Page I
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`Case 4:13-cr-00165-MAC-DDB Document 32 Filed 12/15/15 Page 2 of 4 PageID #: 82
`Case 4:13—cr—OO165—MAC—DDB Document 32 Filed 12/15/15 Page 2 of 4 Page|D #: 82
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`supervised release. On November 18, 2014, Defendant completed his period of imprisonment
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`and began service of his term of supervised release in the Eastern District of Texas.
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`On September 4, 2012, the Defcndant’s conditions of supervised release were modified to
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`include alcohol abstinence.
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`On July 8, 20 l 3, jurisdiction of this case was translerred to the Eastern District of Texas.
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`On May 8, 2015, the Defendant’s conditions of supervised release were modified to
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`include home detention on location monitoring for a period of one hundred twenty (120)
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`days, alcohol abstinence, and participation in Alcoholics Anonymous or similar meetings as
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`directed by tl1e probation officer.
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`On June 23, 2015,
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`the U.S. Probation Officer executed a Petition for Warrant or
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`Summons for Offender Under Supervision [Dkt.
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`I8 Scaled]. The Petition asserted that
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`Defendant violated seven (7) conditions of supervision, numbered as follows: (1) Defendant
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`shall not commit another federal, state, or local crime;
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`(2) and (4) Defendant shall refrain from
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`excessive use of‘ alcohol and shall not purchase, possess, use, distribute, or administer any
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`controlled substance or any paraphernalia related to any controlled substances, except as
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`prescribed by a physician; (3) Defendant shall not commit another federal, state, or local
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`crime; (5) Defendant shall pay restitution in the amount of $103,130, on a inontlily basis at a
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`rate of at least 10% of his monthly gross income;
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`(7)[sr'c] Under the guidance and direction
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`of the U.S. Probation Office,
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`the Defendant
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`shall participate in any combination of
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`psychiatric, psychological, or mental health treatment as deemed appropriate by a treatment
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`provider; and (8)[w'c] Defendant shall participate in a program of testing and treatment for
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`drug abuse, under the guidance and direction of the U.S. Probation Office, until such time
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`as the Defendant is released from the program by the probation officer.
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`REPORT AND RECOMMl:‘.NDATiON -— Page 2
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`Case 4:13-cr-00165-MAC-DDB Document 32 Filed 12/15/15 Page 3 of 4 PageID #: 83
`Case 4:13—cr—OO165—MAC—DDB Document 32 Filed 12/15/15 Page 3 of 4 PagelD #: 83
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`The Petition alleges
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`that Defendant conunitted the following acts: (1) and (2)
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`On April 9, 2015, the Defendant was arrested by the Carroiiton, TX, Police Department for the
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`offense of Driving While Into.\'icated—2nd. According to the arrest report, the Defendant was
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`observed to have a strong odor of alcohol on-his breath, his eyes were red and watery, and he
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`failed the field sobriety tests. He was released from custody the evening of April 9, 2015, and
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`this offense is pending in Denton County Criininal Court at Law; (3) and (4) On May 31, 2015,
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`the Defendant was arrested by the Addison, TX, Police Departincnt for the offense of Driving
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`While Intoxicated-3rd, a felony offense, and Possession of Drug Paraphernalia. According to the
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`arrest report, the Defendant was found to be asleep behind the wl1eel of his vehicle, which was
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`stopped at stoplight. During a search of the Defendant, officers discovered a clear pipe
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`containing a white residue, and upon questioning the Defendant, he reportedly admitted to
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`smoking methamphetamine earlier that morning. A fiirther search of the Defendant and his
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`vehicle revealed a prescription bottle containing _nnn1erous whole and partial pills, identified as
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`Clonazepam/Xanax. The Defendant reporteciiy failed the Field sobriety exams, was arrested, and
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`booked into the Addison Jail. He was subsequently tlansfcrred to the custody of the Dallas
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`County Sheriffs Office, where he is being heid subject to a $25,000 bond on a charge of Driving
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`While Intoxicated, 3rd, Case No. F— 15-10104. No court date information is available at this ti1ne
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`as this case is pending indictment; (5) On January 5, 2015, the Defendant signed a payment
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`schedule agreeing to pay at
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`least $100 per month toward his restitution balance beginning
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`February 1, 2015. The Defendant has gnly paid $500 since signing the payment schedule, and is
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`in default status. As of this writing, the outstanding balance is $103,030; (7)[s1'c] The Defendant
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`failed to attend his mental health il'6fiit1‘10l1't sessions with Dr. Amy Williams, in Fiower Mound,
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`TX, on May 21 and 26, 2015. The Defendant also reseheduied his sessions on numerous
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`REPORT AND RECOMM EN DA'l‘iON - Page 3
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`Case 4:13-cr-00165-MAC-DDB Document 32 Filed 12/15/15 Page 4 of 4 PageID #: 84
`Case 4:13—cr—OO165—MAC—DDB Document 32 Filed 12/15/15 Page 4 of 4 Page|D #: 84
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`occasions, and his response to treatment was rated as “ininiinal” by the therapist and (8)[sic]
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`Defendant failed to report for drug testing at Addiction Recovery Center in Lewisviile, TX, on
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`January 7, April 8, and May 11, 2015.
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`Prior to tl1c Governtnent putting on its case, Defendant entered a plea of hue to
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`allegations one (1) and two (2) of the Petition, specifically that Defendant shall not commit
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`another fecterai, state, or locat crime; and that Defendant shall 1'ef'rain from excessive use of
`alcohoi and shall not purchase, possess, use, distribute, or administer any controiled substance or
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`any paraphernalia related to any controlled substances, except as prescribed by a physician. The
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`Government withdrew the remaining allegations. Having considered the Petition and the plea of
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`true to allegations one (1) and two (2), the Court finds that Defendant did violate his conditions
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`of supervised release.
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`Defendant waived his right to allocate before the District Judge and his right to object to
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`the report and recommendation of this Court.
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`RECOMMENDATION
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`Pursuant to the Sentencing Reform Act of 1984, the Court recommends that Defendant’s
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`supervised release be revoked and that he he committed to the custody of the Bureau of Prisons
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`to be imprisoned for a term of thirteen (13) months plus 18 days, with no term of supervised
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`'
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`release to follow. Defendant will complete payment of‘ restitution.
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`The Court also recommends that Defendant be housed in the Bureau of Prisons Ft. Worth
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`fficiiiififi if flt3P1'0P1'iai9-
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`SIGNED this 15th day of Decembcr,'2G15.
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`REPORT AND RECOMMENDATION — Page 4
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`Christine A. Nowak
`UNITED STATES MAGISTRATE IUDGE