United States District Court, S.D. Florida
ORDER FINDING PROBABLE CAUSE ON PETITION ALLEGING
VIOLATIONS OF SUPERVISED RELEASE
SHANIEK M. MAYNARD, UNITED STATES MAGISTRATE JUDGE
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].
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.
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.
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.
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:
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
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.
of Mandatory Condition, by refusing to submit
to drug testing. The defendant failed to submit to drug
testing as scheduled by the probation office.
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.