Reported / Citable
Background
Markus D. Chopane was serving a three-year term of supervised release after convictions for conspiracy and aiding and abetting interference with commerce by threats or violence, plus using or carrying a firearm in relation to a crime of violence. His supervised release began on November 4, 2003.
Probation petitioned for a warrant or summons, alleging repeated drug use and violations of rules at a community corrections center. At the Rule 32.1 hearing, Chopane agreed to plead true to one allegation: that a November 28, 2005 urine specimen tested positive for PCP. In exchange, the government agreed not to pursue the other alleged violations.
The Court’s Holding
Magistrate Judge Earl S. Hines recommended finding that Chopane violated the mandatory condition requiring him to refrain from unlawful controlled-substance use. The recommendation rested on Chopane’s admission to the PCP-positive test.
The magistrate judge recommended granting the petition, revoking supervised release, and imposing four months of imprisonment with no further supervised release. The PCP use was a Grade C violation, for which the advisory policy-statement range was three to nine months based on Chopane’s criminal-history category of I.
Key Takeaways
- A defendant’s plea of true to a supervised-release violation supports a finding by a preponderance of the evidence.
- PCP use constituted a Grade C supervised-release violation under the advisory policy statements.
- The magistrate judge recommended a four-month custodial term and termination of further supervision.
Why It Matters
This was a report and recommendation, not a final revocation order by the district judge. The parties waived objections and consented to the recommended disposition, allowing the district court to act immediately on the recommendation.