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United States v. Morgan

United States District Court, District of Columbia

April 12, 2019

UNITED STATES OF AMERICA,
v.
BARNARD V. MORGAN, Defendant.

          MEMORANDUM OPINION

          COLLEEN KOLLAR-KOTELLY UNITED STATES DISTRICT JUDGE

         A Final Hearing on Violation of Defendant Barnard V. Morgan's supervised release was held initially on March 25, 2019 and continued to and completed on April 5, 2019. See Minute Entries dated March 25, 2019 and April 5, 2019. Upon consideration of the Petitions by the United States Probation Office dated May 12, 2016, ECF No. 81; November 17, 2016, ECF No. 84; March 17, 2017, ECF No. 86; April 18, 2017, ECF No. 91; May 16, 2017, ECF No. 93; June 12, 2017, ECF No. 94; and September 11, 2018, ECF No. 102, representations made at the Final Revocation Hearing/Sentencing, and the entire record in this case, including the factors set forth in 18 U.S.C.

         Section 3553(a) and Chapter 7 of the Sentencing Guidelines, this Court: (1) determined that Defendant Barnard V. Morgan (“Defendant” or “Mr. Morgan”) had violated the conditions of his supervised release; (2) revoked Mr. Morgan's supervision; and (3) sentenced him to a term of eight months of imprisonment, followed by twelve months of supervised release. This Opinion provides the written rationale for the Court's oral rulings. A separate Order accompanies this Opinion.

         I. Background

         On February 13, 2009, Mr. Morgan was sentenced to seventy-two (72) months incarceration, followed by five years of supervised release, after pleading guilty to one count of Unlawful Possession with Intent to Distribute 50 Grams or More of Cocaine Base. Mr. Morgan's supervision began on September 20, 2013, and expired on September 19, 2018, and his special conditions of supervised release included: (1) educational/vocational training; (2) mental health treatment; (3) substance abuse testing and treatment; and (4) payment of a $1500 fine. See Judgment in a Criminal Case, ECF No. 74, at 3. Mr. Morgan's standard conditions of supervised release included, inter alia, reporting to the Probation Office and answering truthfully all inquiries by the Probation Officer. Id. Mr. Morgan's original Sentencing Guidelines range was 262 months at the low end, including a mandatory minimum of 120 months, and Mr. Morgan is a career offender. The sentenced imposed was a substantial departure from the applicable Sentencing Guidelines.

         A. Probation Petitions - Violations

         On May 12, 2016, the Probation Office filed its [81] Probation Petition, requesting the issuance of a summons and scheduling of a Hearing on Violation of supervised release based upon Mr. Morgan's March 31, 2016 arrest in the District of Columbia and his pending charge of Possession with Intent to Distribute a Controlled Substance (Violation No. 1).[1] By Minute Order dated May 12, 2016, this Court concurred with the recommendation of the Probation Office and referred supervision of the Hearing on Violation to a Magistrate Judge. Magistrate Judge Alan Kay commenced a Preliminary Revocation Hearing in June of 2016, but that hearing was continued to permit the trailing of the charge pending in the Superior Court of the District of Columbia. In the meantime, Mr. Morgan incurred additional violations, beginning on April 27, 2016 and continuing through September 10, 2018, as set forth in Probation Petitions, ECF Nos. 84 (Violations Nos. 2-15), 86 (Violation Nos. 16-19), 91 (Violation Nos. 20-22), 93 (Violation No. 23), 94 (Violation No. 24), and 102 (Violations labeled Nos. 24-25), and consideration of these violations was intended to be included in any Hearing on Violation.[2]

         On December 12, 2018, Magistrate Judge Deborah Robinson held a Preliminary Revocation Hearing as to Mr. Morgan.[3] Magistrate Judge Robinson noted that the Probation Office withdrew Violation No. 1 (May 12, 2016 Petition, ECF No. 81), involving Mr. Morgan's new arrest because he was found not guilty on that charge. The Probation Office further withdrew Violations Nos. 20-22 (April 18, 2017 Petition, ECF No. 91) and Violation No. 23 (May 16, 2017 Petition, ECF No. 93). Mr. Morgan conceded, with an explanation through counsel, Violations Nos. 2-15 (November 17, 2016 Petition, ECF No. 84); Violations 16-19 (March 17, 2017 Petition, ECF No. 86); and Violations Nos. 25-26 (September 11, 2018 Petition, ECF No. 102). Mr. Morgan disputed, with testimony, Violation No. 24 (June 24, 2017 Petition, ECF No. 94).

         B. Conceded Violations

         The twenty violations of supervised release conceded by Mr. Morgan are as follows:

• Violation No. 2: Failure to report for substance abuse intake assessment at Family Health Center (“FHC”) on 4/27/2016.
• Violation No. 3: Failure to report for substance abuse treatment at FHC on 5/11/2016.
• Violation No. 4: Failure to report for substance abuse treatment at FHC on 5/25/2016

• Violation No. 5: Failure to report for substance abuse treatment at FHC on 6/2/2016.

• Violation No. 6: Failure to report for substance abuse treatment at FHC on 6/9/2016.
• Violation No. 7: Failure to report for substance abuse treatment at FHC on 6/15/2016 .
• Violation No. 8: Failure to report for substance abuse treatment at ...

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