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United States v. Torres

United States District Court, D. North Dakota

October 12, 2017

United States of America, Plaintiff,
v.
Martin Torres, Jr., Defendant.

          REPORT AND RECOMMENDATION

          Alice R. Senechal, United States Magistrate Judge

         A petition alleges that Martin Torres, Jr. violated conditions of supervised release. Pursuant to a referral from the district judge, this court held a hearing on that petition on October 11, 2017. At the hearing, Torres admitted to one of the violations charged, the government recommended dismissal of the other charge, and the parties made a joint recommendation for disposition. That joint recommendation is that Torres's supervised release be revoked, that he be sentenced to a term of custody of 60 days, with credit for time served since October 2, 2017, and that no additional term of supervised release be ordered after completion of the term of custody.

         Background

         Torres pled guilty to a controlled substance crime, and, in 2009, he was sentenced to a term of 109 months in custody, followed by a term of five years of supervised release. In April 2017, his supervised release was revoked, and he was sentenced to a term of custody of 77 days, followed by two years of supervised release.

         Alleged Violations

         The current petition charges that Torres was arrested on state charges-felonious restraint, domestic violence, and reckless endangerment. Additionally, the petition charges failure to obtain a substance abuse evaluation as the supervising officer had required. During an October 11, 2017 hearing, Torres admitted that he had not obtained the required substance abuse evaluation.

         The state charges remain pending. The government recommends that the violation relating to the state charges be dismissed, leaving adjudication of that matter to the state court.

         Statutory Provisions and Sentencing Guidelines

         At the time of sentencing, Torres was in Criminal History Category III. Under the policy statements of the sentencing guidelines, the violations to which Torres admitted are Grade C. The policy statements recommend that, if supervised release of an individual in Category III is revoked for a Grade C violation, that individual be sentenced to a term of custody of five to eleven months. U.S.S.G. § 7B1.4(a).

         Parties' Recommendations

         The parties jointly recommend:

(1) that Torres's supervised release be revoked;
(2) that Torres be sentenced to a term of custody of 60 days, with credit for time served since October 2, 2017, when he came into federal custody;
(3) that Torres not be required to serve any additional term of supervised release after completion of the 60 ...

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