USA v. Figueroa et al

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
FREDY BECERRA
§
§
§
§
§
§
§
CASE NUMBER 1:15-CR-00144-11-MAC
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT
FOR OFFENDER UNDER SUPERVISION
Pending is a “Petition for Warrant or Summons for Offender Under Supervision” filed
September 17, 2025, alleging that the Defendant, Fredy Becerra, violated his conditions of
supervised release. This matter is referred to the Honorable Christine L. Stetson, United States
Magistrate Judge, for review, hearing, and submission of a report with recommended findings of
fact and conclusions of law. See United States v. Rodriguez, 23 F.3d 919, 920 n.1 (5th Cir.
1994); see also 18 U.S.C. § 3401(i) (2000); E.D. TEX. CRIM. R. CR-59.
I. The Original Conviction and Sentence
Fredy Becerra was sentenced on November 1, 2016, before The Honorable Marcia A.
Crone, of the Eastern District of Texas, after pleading guilty to the offense of Conspiracy to
Possess, Use, and Carry Firearms During and in Relation to a Drug Trafficking Crime, a Class D
felony. This offense carried a statutory maximum imprisonment term of 20 years. The guideline
imprisonment range, based on a total offense level of 29 and a criminal history category of II,
was 97 to 121 months. Fredy Becerra was subsequently sentenced to 112 months’ imprisonment
followed by a 3 year term of supervised release subject to the standard conditions of release, plus
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special conditions to include financial disclosure; substance abuse testing and treatment; and a
$100 special assessment.
II. The Period of Supervision
On May 21, 2024, Fredy Becerra completed his period of imprisonment and began
service of the supervision term.
III. The Petition
United States Probation filed the Petition for Warrant for Offender Under Supervision
raising two allegations. The petition alleges that Fredy Becerra violated the following conditions
of release:
Allegation 1. You must refrain from any unlawful use of a controlled substance.
Allegation 2. The defendant shall participate in a program for testing and
treatment for drug abuse, under the guidance and direction of the U.S. Probation
Office, until such time as the defendant is released from the program by the
probation officer. The defendant shall pay any cost associated with treatment and
testing.
IV. Proceedings
On February 23, 2026, the undersigned convened a hearing pursuant to Rule 32.1 of the
Federal Rules of Criminal Procedure to hear evidence and arguments on whether the Defendant
violated conditions of supervised release, and the appropriate course of action for any such
violations.
At the revocation hearing, counsel for the Government and the Defendant announced an
agreement as to a recommended disposition regarding the revocation. The Defendant agreed to
plead “true” to the second allegation that claimed he failed to submit a random urine specimen
and attend a group counseling session as required. In return, the parties agreed that he should
serve a term of 5 months’ imprisonment with one year of supervised release to follow.
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V. Principles of Analysis
According to Title 18 U.S.C. § 3583(e)(3), the court may revoke a term of supervised
release and require the defendant to serve in prison all or part of the term of supervised release
authorized by statute for the offense that resulted in such term of supervised release without
credit for time previously served on post-release supervision, if the court, pursuant to the Federal
Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by
a preponderance of the evidence that the defendant violated a condition of supervised release,
except that a defendant whose term is revoked under this paragraph may not be required to serve
on any such revocation more than five years in prison if the offense that resulted in the term of
supervised release is a Class A felony, more than three years if such offense is a Class B felony,
more than two years in prison if such offense is a Class C or D felony, or more than one year in
any other case. The original offense of conviction was a Class D felony, therefore, the maximum
imprisonment sentence is 2 years.
According to U.S.S.G. § 7C1.1(a)1, if the court finds by a preponderance of the evidence
that the Defendant violated conditions of supervision by failing to submit a random urine
specimen as required, the Defendant will be guilty of committing a Grade C violation. U.S.S.G.
§ 7C1.3 indicates that upon a finding of non-compliance, the court should conduct an
individualized assessment and that revocation is generally appropriate for a Grade A violation,
often appropriate for a Grade B violation, and may be appropriate for a Grade C violation.
1. All of the policy statements in Chapter 7 that govern sentences imposed upon revocation of supervised release
are non-binding. See U.S.S.G. Ch. 7 Pt. A; United States v. Bradberry, 360 F. App’x. 508, 509 (5th Cir. 2009).
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U.S.S.G. § 7C1.5 provides that in the case of revocation of supervised release based on a
Grade C violation and a criminal history category of II, the policy statement imprisonment range
is 4 to 10 months.
U.S.S.G. § 7C1.5, Application note 2, states that upon a finding that a defendant violated
a condition of supervised release by refusing to comply with a condition requiring drug testing,
the court is required to revoke supervised release and impose a sentence that includes a term of
imprisonment pursuant to 18 U.S.C. § 3583(g).
U.S.S.G. § 7C1.4(a) states that the court shall conduct an individualized assessment to
determine the appropriate length of the term of imprisonment, given the recommended range of
imprisonment set forth in § 7C1.5.
U.S.S.G. § 7C1.3(b) indicates upon a finding of a violation for which revocation is
required by statute (18 U.S.C. § 3583(g)), the court shall revoke supervised release.
According to 18 U.S.C. § 3583(h), when a term of supervised release is revoked and the
defendant is required to serve a term of imprisonment, the court may include a requirement that
the defendant be placed on a term of supervised release after imprisonment. The length of such a
term of supervised release shall not exceed the term of supervised release authorized by statute
for the offense that resulted in the original term of supervised release, less any term of
imprisonment that was imposed upon revocation of supervised release. The authorized term of
supervised release for this offense is not more than 3 years.
U.S.S.G. § 7C1.4(c) indicates where supervised release is revoked, the court may include
a requirement that the defendant be placed on a term of supervised release upon release from
imprisonment. The length of such a term of supervised release shall not exceed the term of
supervised release authorized by statute for the offense that resulted in the original term of
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supervised release, less any term of imprisonment that was imposed upon revocation of
supervised release.
In determining the Defendant’s sentence, the court shall consider:
1. The nature and circumstance of the offense and the history and characteristics of the
defendant; see 18 U.S.C. § 3553(a)(1);
2. The need for the sentence imposed: to afford adequate deterrence to criminal conduct;
to protect the public from further crimes of the defendant; and to provide the
Defendant with needed educational or vocational training, medical care, other
corrective treatment in the most effective manner; see 18 U.S.C. §§ 3553 (a)(2)(B)-
(D);
3. Applicable guidelines and policy statements issued by the Sentencing Commission,
for the appropriate application of the provisions when modifying or revoking
supervised release pursuant to 28 U.S.C. § 994(a)(3), that are in effect on the date the
defendant is sentenced; see 18 U.S.C. 3553(a)(4); see also 28 U.S.C. § 924(A)(3);
4. Any pertinent policy statement issued by the Sentencing Commission, pursuant to 28
U.S.C. § 994(a)(2), that is in effect on the date the defendant is sentenced; see 18
U.S.C. § 3553(a)(5); and
5. The need to avoid unwarranted sentence disparities among defendants with similar
records who have been found guilty of similar conduct; see 18 U.S.C. § 3553(a)(6).
6. The need to provide restitution to any victims of the offense.
18 U.S.C. §§ 3583(e) and 3553(a).
VI. Application
The Defendant pled “true” to the petition’s allegation that he violated a special condition
of release that he failed to submit a random urine specimen and attend a group counseling
session as required. Based upon the Defendant’s plea of “true” to this allegation of the Petition
for Warrant or Summons for Offender Under Supervision and U.S.S.G. § 7C1.3, the undersigned
finds that the Defendant violated a condition of supervised release.
The undersigned has carefully conducted an individualized assessment and considered
each of the factors listed in 18 U.S.C. § 3583(e). The Defendant’s violation is a Grade C
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violation, and the criminal history category is II. The policy statement range in the Guidelines
Manual is 4 to 10 months. The Defendant did not comply with the conditions of supervision and
has demonstrated an unwillingness to adhere to conditions of supervision.
Consequently, incarceration appropriately addresses the Defendant’s violation. The
sentencing objectives of punishment, deterrence and rehabilitation along with the
aforementioned statutory sentencing factors will best be served by a prison sentence of 5 months
with one year of supervised release to follow.
VII. Recommendations
The court should find that the Defendant violated the allegation in the petition that he
violated a special condition of release by failing to submit a random urine specimen and attend a
group counseling session as required. The petition should be granted, and the Defendant’s
supervised release should be revoked pursuant to 18 U.S.C. § 3583. The Defendant should be
sentenced to a term of 5 months’ imprisonment with one year of supervised release to follow.
As stated at the final revocation hearing, without objection, the same mandatory, standard
and special conditions of supervised release previously imposed when the Defendant was
originally sentenced in this case shall be re-imposed. Such conditions are set forth in the
Judgment, and the rationale for these conditions is contained in the Defendant’s Presentence
Investigation Report.
VIII. Objections
At the close of the revocation hearing, the Defendant, defense counsel, and counsel for
the government each signed a standard form waiving their right to object to the proposed
findings and recommendations contained in this report, consenting to revocation of supervised
release, and consenting to the imposition of the above sentence recommended in this report
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(involving all conditions of supervised release, if applicable). The Defendant also waived his
right to be present and speak and have his counsel present and speak before the district court
imposes the recommended sentence. Therefore, the court may act on this report and
recommendation immediately.
___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE
SIGNED this the 23rd day of February, 2026.
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