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United States v. Herrin

United States District Court, S.D. Florida

September 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PHILLIP MORRIS HERRIN, Defendant.

          ORDER FINDING PROBABLE CAUSE ON PETITION ALLEGING VIOLATIONS OF SUPERVISED RELEASE

          SHANIEK M. MAYNARD, UNITED STATES MAGISTRATE JUDGE

         The Defendant, PHILLIP MORRIS HERRIN, appeared before the Court on September 5, 2017 for a probable cause hearing on the Petition for Warrant or Summons for Offender under Supervision (the "Petition") [02-CR-14012, D.E. 242; 02-CR-14051, D.E. 37].

         Defendant was originally convicted in 2002 of conspiracy to possess with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine, in violation of 21 U.S.C. § 846 (in Case No. 02-CR-14012). Defendant received a sentence of eighty-four (84) months in prison, followed by a five (5) year term of supervised release. [02-CR-14012.D.E. 152].

         Defendant was also convicted in 2002 of possession of a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A) (in Case No. 02-CR-14051). Defendant received a sentence of sixty (60) months in prison (to run consecutively to the 84-month sentence in Case No. 02CR14012) followed by a five (5) year term of supervised release (to run concurrently with the period of supervised release in Case No. 02-CR-14012). [02-CR-14051, D.E. 21]. Defendant first commenced supervised release on March 5, 2013.

         On September 2, 2014, a petition for a warrant for violation of supervised release was filed. [02-CR-14012, D.E. 225; 02-CR-14051, D.E. 22]. Defendant subsequently admitted to violating his supervised release by driving under the influence of alcohol, possessing an open container in a motor vehicle, failing to participate in an approved domestic violence program, failing to notify the probation office of any change in residence, and failing to report to his probation officer as directed. On May 20, 2015, United States District Judge Donald L. Graham sentenced Defendant to six (6) months in prison followed by three (3) years supervised release. [02-CR-14012, D.E. 238; 02-CR-14051, D.E. 36]. Defendant's second term of supervised release began on September 4, 2015.

         Another petition for violation of supervised release was filed in Case No. 02-CR-14012 on July 26, 2017, D.E. 242, and in Case No. 02-CR-14051 on July 27, 2017, D.E. 37. The Petition charges Defendant with violating the following conditions of his supervised release:

         Violation Number 1

         Violation of Mandatory Condition, by unlawfully possessing or using a controlled substance. On June 8, 2017 the defendant submitted a urine specimen which tested positive for the presence of amphetamines in our local laboratory; and subsequently was confirmed positive by Alere Incorporated.

         Violation Number 2

         Violation of Standard Condition, by failing to work regularly at a lawful occupation. Since on or about June 9, 2017, the defendant has failed to work regularly as required by United States Probation.

         Violation Number 3

         Violation of Mandatory Condition, by refusing to submit to drug testing. The defendant failed to submit to drug testing as scheduled by the probation office.

         Violation Number 4

         Violation of Standard Condition, by failing to report to the probation officer as directed. On July 5, 2017, during a telephone call the defendant was instructed to report to U.S. Probation ...


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