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United States v. Daniels

United States District Court, E.D. Tennessee, Knoxville

July 1, 2019

UNITED STATES OF AMERICA
v.
HOWARD N. DANIELS

          Howard N. Daniels, Defendant

          Nakeisha C. Jackson Attorney for Defendant

          Bart Slabbekorn, Assistant U.S. Attorney

          AGREED ORDER OF REVOCATION

          HONORABLE THOMAS A. VARLAN, UNITED STATES DISTRICT COURT JUDGE.

         A Petition for Warrant for Offender under Supervision has been filed against the defendant, Mr. Howard N. Daniels, and the defendant admits that he has violated his supervised release as alleged in the Petition. An agreement has been reached between the parties, recommending that Mr. Daniel's probation should be revoked, and that he should receive a sentence of time-served, as of July 25, 2019, with fifteen (15) months of supervised release to follow. It is recommended that Mr. Daniels remain at the Knox County Detention Facility during the remaining twenty-eight (28) days of his sentence.

         Mr. Daniels agrees to waive his right to a hearing pursuant to Rule 32 of the Rules of Criminal Procedure, waive his right to allocute at a revocation hearing, and asks that the agreement of the defendant and the government Pursuant to Rule 11 of the Federal Rules of Criminal Procedure be found to be a proper sentence.

         This Court has considered the Chapter Seven policy statements in the United States Sentencing Guidelines. The defendant's criminal history is VI. The advisory guideline range is 8-14 months for Grade C violations and there is a statutory maximum of five (5) years imprisonment. The Court has also considered the factors listed in 18 U.S.C. §3553(a).

         Based on the foregoing, the Court finds that the recommended sentence is sufficient, but not greater than necessary, to accomplish the purposes set forth in 18 U.S.C. §3553(a) while taking into consideration all of those factors and the Chapter Seven policy statements.

         IT IS HEREBY ORDERED, therefore, that the defendant's supervised release is revoked. The defendant is hereby sentenced to a term of imprisonment of time-served, as of July 25, 2019, with fifteen (15) months of supervised release to follow. It is further recommended that Mr. Daniels remain at the Knox County Detention Facility during the remaining twenty-eight (28) days of his sentence.

         While on supervised release, Mr. Daniels shall comply with the following mandatory conditions of supervision adopted by this court in Local Rule 83.10:

(1) The defendant must not commit another federal, state, or local crime.
(2) The defendant must not unlawfully possess a controlled substance.
(3) The defendant must refrain from unlawful use of a controlled substance.
(4) The defendant must cooperate in the collection of DNA as directed by the ...

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