United States District Court, District of Columbia
COLLEEN KOLLAR-KOTELLY UNITED STATES DISTRICT JUDGE
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.
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.
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.
Probation Petitions - Violations
12, 2016, the Probation Office filed its  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.
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
December 12, 2018, Magistrate Judge Deborah Robinson held a
Preliminary Revocation Hearing as to Mr.
Morgan. 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).
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”)
• 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 ...