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United States v. Brannan

United States District Court, S.D. West Virginia, Parkersburg Division

September 14, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DAMON THOMAS BRANNAN, Defendant.

          REVOCATION OF SUPERVISED RELEASE AND JUDGMENT ORDER

          THOMAS E. JOHNSTON, UNITED STATES DISTRICT JUDGE

         On July 17, 2017, July 24, 2017, and August 30, 2017, the Defendant, Damon Thomas Brannan, appeared in person and by counsel, Ann Mason Rigby, for a hearing on the Petition for Warrant or Summons for Offender Under Supervision and Amendments to Petitions submitted by the Defendant’s supervising probation officer. The United States was represented at the hearings. United States Probation Officer Kara Dills was also present at the hearings.

         On March 8, 2011, the Defendant was sentenced to a term of imprisonment of 96 months to be followed by a 3-year term of supervised release. The Defendant began serving the term of supervised release on July 8, 2016. On November 1, 2016, the Petition for Warrant or Summons for Offender Under Supervision was filed charging the Defendant with violating certain conditions of supervised release. On December 21, 2016, the Amendment to Petition was filed, on May 24, 2017, the Second Amendment to Petition was filed, and on July 11, 2017, the Third Amendment to Petition was filed, all charging the Defendant with violating additional conditions of supervised release.

         At these hearings, the Court found that the Defendant had received written notice of the alleged violations as contained in the Petition and Amendments, and that the evidence against the Defendant had been disclosed. The Court further found that the Defendant appeared, was given the opportunity to present evidence, and was represented in the proceeding by counsel.

         The Court then found, by a preponderance of the evidence, that the Defendant violated certain conditions of supervised release as contained in the Petition and Amendments, specifically:

         Petition:

1. Violation »f statutory condition; The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance:
On August 11 and August 24, 2016, Mr. Brannan submitted urine specimens that tested positive for methamphetamnic. Mr. Brannan admitted using methaniphetamine to this officer. He signed a voluntary admission form acknowledging his conduct on both occasions.
On September 6, September 13, and September 26, 2016, Mr. Brannan submitted urine specimens that tested positive for methamphetamine, Mr, Brannan admitted using methamphetamine to this officer on each occasion.
2. Violation of special, condition: The defendant shall participate in a program of testing, counseling and treatment for drug mid alcohol abuse as directed by the probation officer:
On July 12, 2016, Mr. Brannan was placed on the Mid-Ohio Valley Day Report Center urine screen hotline and instructed to participate in the program and follow the urine analysis hotline reporting instructions. On August 2, September 22, and October 4,2016, Mr. Brannan failed to report to the Mid-Ohio Valley Day Report Center for n urine screen as instructed.
On September 27, 2016, Mr. Brannan was instructed to report to Westbrook Health Services to complete the paperwork for admission into the inpatient substance abuse detox program. He was instructed to enroll in and success fully complete the program, Mr, Brannan failed to report to the program as directed on September 27, 2016. He was again instructed on September 28, September 29, and September 30, 2016 to report to Westbrook in person, and he failed to do so.

         First Amendment to Petition:

Amendment to Violation No. 1

Violation of statutory condition: The defendant shall not unlawfully posses a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance:

On August 11, 2016, Mr. Brannan submitted a mine specimen that tested positive for amphetamine and methamphetamine. Mr. Brannan admitted using methamphetamine to this officer. He signed a voluntary admission form acknowledging his conduct.

On August 24, 2016, Mr. Brannan submitted a urine specimen that tested positive for methamphetamine, Mr. Brannan admitted using methamphetamine to this officer, He signed a voluntary admission form acknowledging his conduct.

On September 6, 2016, Mr. Brannan submitted a urine specimen that tested positive for amphetamine and methamphetamine. Mr. Brannan admitted using methamphetamine to this officer on this occasion.

On September 13, 2016, Mr. Brannan submitted a urine specimen that tested positive for amphetamine, methamphetamine, and benzoylcgonine (cocaine metabolite),

On September 26, 2016, Mr. Brannan submitted a urine specimen that tested positive for amphetamine and methamphetamine. Mr. Brannan admitted using methamphetamine to this officer on this occasion.

On November 30,2016, Mr, Brannan submitted a urine specimen that test positive for amphetamine and methamphetamine, Mr. Brannan admitted to using methamphetamine and signed a voluntary admission form acknowledging his conduct.

Amendment to Violation No. 2

Violation . of special condition: The defendant shall participate in a program of testing, counseling;; and treatment for drug and alcohol abuse as directed by the probation officer:

On October 14, October 19, October 27, November 2, November 10, and November 15, 2016, Mr. Brannan fatted to report to the Mid-Ohio Valley Day Report Center for a urine screen as instructed.

Mr, Brannan failed to attend his scheduled individual outpatient substance abuse treatment sessions at the Mid-Ohio Valley Day Report Center on September 28 and October 4,2016.

Violation No. 3

Violation of standard condition number two: The defendant shall report to the probation officer arid shall submit a truthful and complete written report within the ...


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