Case 4:17-cr-00034-MAC-CAN Document 22 Filed 06/30/17 Page 1 of 4 PageID #: 67
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`CRIMINAL ACTION NO. 4:17CR034
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`§§§§§
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`UNITED STATES OF AMERICA
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`v.
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`ROBERT JAMES THOMPSON
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`REPORT AND RECOMMENDATION
`OF UNITED STATES MAGISTRATE JUDGE
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`Now before the Court is the request for revocation of Defendant’s supervised release. After
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`the District Judge referred the matter to this Court for a report and recommendation, the Court
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`conducted a hearing on May 24, 2017. Defendant Robert Thompson entered a plea of true to
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`allegations 5, 6, and 7 and the Court determined that Defendant had violated his supervised release.
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`The court re-convened on June 28, 2017, to determine punishment. Defendant was represented by
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`Frank Henderson. The Government was represented by Ernest Gonzalez.
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`Robert Thompson was sentenced on August 26, 2011 before the Honorable Robert F.
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`Blackburn of the District of Colorado after pleading guilty to the offense of knowingly and
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`intentionally distributing and possessing with the intent to distribute 50 grams or more of a mixture
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`or substance containing a detectable amount of cocaine base, a schedule II controlled substance, a
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`Class A felony. This offense carried a statutory maximum imprisonment term of life. The
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`guideline imprisonment rage, based on a total offense level of 27 and a criminal history category
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`of III, was 87 to 108 months. However, since the minimum term of imprisonment for this offense
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`was 10 years, the guideline range becomes 120 months. Upon a motion by the Government for
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`substantial assistance pursuant to 5K1.1, Robert Thompson was subsequently sentenced to 43
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`months imprisonment followed by a 5-year term of supervised release, subject to the standard
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`conditions of release, plus special conditions to include substance abuse testing and treatment,
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`REPORT AND RECOMMENDATION – Page 1
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`Case 4:17-cr-00034-MAC-CAN Document 22 Filed 06/30/17 Page 2 of 4 PageID #: 68
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`alcohol abstinence during treatment, and a $100 special assessment. On December 18, 2013,
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`Robert Thompson completed his period of imprisonment and began service of the supervision
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`term. On March 7, 2017, jurisdiction of this case was transferred to the Eastern District of Texas,
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`and the case was assigned to the Honorable Judge Marcia A. Crone, United States District Judge.
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`On March 27, 2017, the U.S. Probation Officer executed a Petition for Warrant or
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`Summons for Offender Under Supervision [Dkt. 2 Sealed]. The Petition asserted that Defendant
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`violated nine (9) conditions of supervision, as follows: (1) Defendant shall not commit another
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`federal, state, or local crime; (2) Defendant shall not unlawfully possess a controlled substance;
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`(3) Defendant shall refrain from any unlawful use of a controlled substance; (4) Defendant shall
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`refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer
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`any controlled substance, or any paraphernalia related to any controlled substances, except as
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`prescribed by a physician; (5) Defendant shall not commit another federal, state, or local crime;
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`(6) Defendant shall not unlawfully possess a controlled substance; (7) Defendant shall refrain from
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`any unlawful use of a controlled substance; (8) Defendant shall refrain from excessive use of
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`alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance, or
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`any paraphernalia related to any controlled substances, except as prescribed by a physician; and
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`(9) Defendant shall report to the probation officer and shall submit a truthful and complete written
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`report within the first five days of each month.
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`The Petition alleges that Defendant committed the following acts (1), (2), (3), and (4) On
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`December 3, 2016, Defendant was arrested by the Dallas Police Department for Public Intoxication
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`and Possession of a Controlled Substance (K2). The offense report reveals the arresting officers
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`observed the Defendant exhibiting signs of intoxication and notice the aroma of burnt synthetic
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`marijuana emanating from the Defendant. Additionally the Defendant’s movements were
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`REPORT AND RECOMMENDATION – Page 2
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`Case 4:17-cr-00034-MAC-CAN Document 22 Filed 06/30/17 Page 3 of 4 PageID #: 69
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`reportedly slow and lethargic, his speech was slurred, and he was discovered standing outside
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`without shelter in cold, rainy conditions and in an area known for criminal activity, along with
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`“K2” use and sales. Upon a search of the Defendant’s backpack, officers discovered a bag
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`containing a small amount of synthetic marijuana, and the Defendant was subsequently booked in
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`the Dallas County Jail. On December 6, 2016, the Defendant was released from custody as he was
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`granted time served on the charge of Public Intoxication, Case No. J16-050885-01. The Possession
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`of Controlled Substance charge, Case No. MB16-064027 at the time of the petition in this case
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`had not been filed; (5), (6), (7), and (8) on February 1, 2017, Defendant was arrested by the El
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`Centro College Police Department in Dallas, Texas after he was observed smoking synthetic
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`marijuana (K2). According to the offense report, the officers asked the Defendant to stop smoking
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`and put down the “blunt” at which time he placed the K2 in his mouth and swallowed. The offense
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`reports reveals the Defendant became combative with the officers while they attempted to place
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`him under arrest and continued to resist to the point the officers had to employ their taser. The
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`offense report indicates the Defendant removed the taser barbs and continued to fight the officers,
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`striking on the officers in the face during the altercation. After an extended struggle, the officers
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`managed to place the Defendant in handcuffs and take him into custody. As a result of this
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`incident, the Defendant was charged with the offenses of Assault on a Public Servant (2 counts),
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`Case No. F17-22200 and F17-22221; Tampering with Evidence, Case No. F17-22222; Resisting
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`arrest, Case No. MA17-22220; and Possession of a Controlled Substance, Case No. MB17-70250.
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`He was placed in the Dallas County Sheriff’s Office in lieu of bonds totaling $301,500.00; and (9)
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`Defendant failed to submit a written report for the month of December 2016.
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`Prior to the Government putting on its case, Defendant entered a plea of true to allegations
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`five (5), six (6) and seven (7) of the Petition. Having considered the Petition and the plea of true
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`REPORT AND RECOMMENDATION – Page 3
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`Case 4:17-cr-00034-MAC-CAN Document 22 Filed 06/30/17 Page 4 of 4 PageID #: 70
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`to allegations five (5), six (6) and seven (7), the Court finds that Defendant did violate his
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`conditions of supervised release by committing another federal, state or local crime, unlawfully
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`possessing and use of a controlled substance. Defendant waived his right to allocate before the
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`District Judge and his right to object to 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 be committed to the custody of the Bureau of Prisons to
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`be imprisoned for a term of fourteen (14) months, with no term of supervised release to follow.
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`The Court also recommends that Defendant be housed in the Bureau of Prisons Medical
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`Facility in Fort Worth, Texas, if appropriate.
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`REPORT AND RECOMMENDATION – Page 4
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