USA v. Smith

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
UNITED STATES OF AMERICA 	§
§
V. 	§ 	CASE NO. 5:25-CR-34-RWS-JBB
§
BRANDON SMITH (1) 	§
REPORT AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
On December 18, 2025, the Court held a hearing on the Government’s Petition for Warrant
or Summons for Offender Under Supervision. Dkt. No. 2. The Government was represented by
Assistant United States Attorney Lauren Richards. Defendant was represented by Ken Hawk.
BACKGROUND
Brandon Smith (“Defendant”) was sentenced on January 5, 2012, before The Honorable
U.S. District Judge Reed O’Conner of the Northern District of Texas after pleading guilty to the
offense of Possession of a Controlled Substance with Intent to Distribute-Count 1, and Possession
of a Firearm During and in Relation to a Drug Trafficking Crime-Count 2, Class D and A felonies,
respectively. These offenses carried a statutory maximum imprisonment term of 5 years on Count
1 and a term of life on Count 2. The guideline imprisonment range for Count 1, based on a total
offense level of 10 and a criminal history category of III, was 10 to 16 months. The guideline
imprisonment range for Count 2, based on a total offense level of 10 and a criminal history category
of III, was 120 months consecutive to Count 1. The Court found an upward departure was
applicable pursuant to U.S.S.G. § 5K2.2, 5K2.3, and 5K2.5. Defendant was subsequently
sentenced to 60 months imprisonment as to Count 1 and 120 months imprisonment as to Count 2,
to run consecutively for a total term of imprisonment of 180 months. This term of imprisonment
was to be followed by a 2-year term of supervised release to Count 1 and a 5-year term of
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supervised release as to Count 2, to run concurrently. These terms of supervised release were
subject to the standard conditions of release, plus special conditions to include substance abuse
aftercare; provide requested financial information; not obtain new lines of credit; and a $200
special assessment. On October 16, 2024, Defendant completed his period of imprisonment and
began service on the supervision term in the Eastern District of Texas. On March 20, 2025,
Defendant’s conditions of supervision were modified to include mental health treatment. On
November 13, 2025, this case was reassigned to The Honorable Robert W. Schroeder III.
PETITION TO REVOKE
In its Petition for Warrant or Summons for Offender Under Supervision (Dkt. No. 2), the
Government alleges Defendant violated the following conditions:
1) Defendant shall refrain from excessive use of alcohol and not purchase, possess,
use, 	distribute, 	or 	administer 	any 	narcotic 	or 	other 	controlled 	substance, 	or 	any
paraphernalia related to such substance, except as prescribed by a physician. Specifically,
the Government alleges that:
• 	On December 14, 2025; November 13, 2025; and October 1, 2025, Defendant submitted
urine specimens which were positive for methamphetamine and confirmed by Abbott
Labs.
• 	On October 1, 2025, Defendant submitted a urine specimen which was positive for
amphetamine and confirmed by Abbott Labs.
• 	On January 13, 2025, Defendant submitted a urine specimen which was positive for
marijuana and confirmed by Abbott labs.
2) Defendant shall notify the probation officer at least ten days prior to any change in
residence or employment. Specifically, the Government alleges that on September 25, 2025,
Defendant was instructed to provide a current check stub for employment verification. Defendant
was unable to provide a check stub and advised he was terminated from his employment on March
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14, 2025. Defendant failed to notify his probation officer within 72 hours of his change in
employment.
RECOMMENDATION
The Court scheduled a final revocation hearing December 18, 2025. At the hearing, the
Court reviewed the alleged violations of the above conditions with Defendant. Consenting to the
undersigned’s taking the plea, Defendant admitted as true to Allegation 2 contained in the petition.
Based upon Defendant’s plea of true, the Court finds Defendant did violate his condition
of supervised release as alleged in the U.S. Probation Office’s petition, with respect to Allegation
2. Counsel announced the parties had agreed upon the sentence to be imposed. The Court, having
considered the agreement as well as the applicable U.S. Sentencing Commission Guidelines,
agreed with the parties’ proposed sentence and recommended sentence be imposed as follows:
Pursuant to the Sentencing Reform Act of 1984, it is recommended that Defendant be committed
to the custody of the Bureau of Prisons to be imprisoned for a term of six (6) months, with a two
(2) year term of supervised release to follow, subject to all of the previously imposed conditions.
While on supervised release, Defendant must not commit another federal, state, or local
crime and must comply with all standard conditions that have been adopted by this Court in
General Order 17-03. In addition, Defendant must comply with all mandatory conditions and the
following special conditions: Defendant must provide the probation officer with access to any
requested financial information for purposes of monitoring employment. Defendant must
participate in a program of testing and treatment for drug abuse, and follow the rules and
regulations of that program until discharged. The probation officer, in consultation with the
treatment provider, will supervise Defendant’s participation in the program. Defendant must
participate in any combination of psychiatric, psychological, or mental health treatment programs,
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and follow the rules and regulations of that program, until discharged. This includes taking any
mental health medication as prescribed by Defendant’s treating physician. The probation officer,
in consultation with the treatment provider, will supervise Defendant’s participation in the
program.
The Court further recommends the Court request the Bureau of Prisons designate FCI
Texarkana for service of sentence. Based on the foregoing, it is
RECOMMENDED that Defendant’s plea of true to Allegation 2 set forth above in the
amended petition be ACCEPTED. It is further
RECOMMENDED that Defendant’s supervised release be REVOKED. It is further
RECOMMENDED that Defendant be committed to the custody of the Bureau of Prisons
to be imprisoned for a term of six (6) months, with a two (2) year term of supervised release to
follow, subject to all of the previously imposed conditions, with FCI Texarkana as the place of
confinement. It is further
RECOMMENDED that, based on the Government's request to dismiss Allegation 1,
that allegation be DISMISSED.
The parties were informed of the right to file objections to the recommendations as set forth
above. The parties waived their objections.
Defendant was also advised that he has the right to be present with counsel, to speak on his
own behalf, and to have counsel speak on his behalf before any additional sentence is imposed.
Defendant signed a written waiver of his right to be present and speak, and his right to have
counsel present and speak, before the district judge imposes the recommended sentence.
.
____________________________________
J. Boone Baxter
UNITED STATES MAGISTRATE JUDGE
SIGNED this the 19th day of December, 2025.
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