USA v. Potts

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
CHAD ALAN POTTS
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CASE NUMBER 1:24-CR-00008-MAC
REPORT AND RECOMMENDATION ON FIRST AMENDED PETITION FOR
WARRANT FOR OFFENDER UNDER SUPERVISION
Pending is a “First Amended Petition for Warrant or Summons for Offender Under
Supervision” filed December 5, 2025, alleging that the Defendant, Chad Alan Potts, 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
Chad Alan Potts was sentenced on December 13, 2016, before The Honorable Robert A.
Junell, of the Western District of Texas, after pleading guilty to the offense of Transfer of Obscene
Material to a Minor, a Class C felony. This offense carried a statutory maximum imprisonment
term of 10 years. The guideline imprisonment range, based on a total offense level of 15 and a
criminal history category of II, was 21 to 27 months. Chad Alan Potts was subsequently sentenced
to 102 months’ imprisonment followed by a 3 year term of supervised release subject to the
standard conditions of release, plus special conditions to include: refraining from the use of all
intoxicants and alcohol; restrictions on residing where firearms are possessed or stored; not
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traveling, residing, or congregating in or near motels in the area of Hwy80/Business I-20;
participation in sex offender treatment and testing; not viewing or possessing sexually explicit
material; computer and internet restrictions; a search condition; drug
and mental health aftercare; participation in a workforce development program; $100 special
assessment; and a $7,500 fine.
II. The Period of Supervision
On July 6, 2021, the court in the Western District of Texas modified the conditions of
supervision, with the Defendant’s consent, to include refraining from contact of any kind with
children under the age of 18 unless supervised by an adult approved by the probation officer.
On September 1, 2022, the Defendant completed his period of imprisonment and began
service of the supervision term.
On January 18, 2024, jurisdiction in this case was transferred to the Eastern District of
Texas and assigned to United States District Judge Marcia A. Crone.
III. The Petition
United States Probation filed the First Amended Petition for Warrant for Offender Under
Supervision raising one allegation. The petition alleges that Chad Alan Potts violated the
following conditions of release:
Allegation 1. The defendant shall notify the probation officer within seventy-two
hours of being arrested or questioned by a law enforcement officer.
IV. Proceedings
On December 11, 2025, 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.
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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 first allegation that claimed he failed to notify the probation officer within 72
hours of being questioned by law enforcement on September 18, 2023. In return, the parties
agreed that he should serve a term of 4 months’ imprisonment, which shall run concurrently with
his sentence of imprisonment imposed in Cause Nos. 28603, 28604, and 29197 in the 356th District
Court, Hardin County, Texas, with no supervised release to follow.
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 C felony, therefore, the maximum
imprisonment sentence is 2 years.
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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 notify the probation officer
within 72 hours of being questioned by law enforcement, 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.
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. § 7C1.4(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.
According to U.S.S.G. § 7C1.4(b), any term of imprisonment imposed upon the revocation
of supervised release generally should be ordered to be served consecutively to any sentence of
imprisonment that the defendant is serving, whether or not the sentence of imprisonment being
served resulted from the conduct that is the basis of the revocation of supervised release. In this
case, however, the Defendant’s agreed upon revocation sentence shall run concurrently with his
sentence of imprisonment imposed in Cause Nos. 28603, 28604, and 29197 in the 356th District
Court, Hardin County, Texas, with no supervised release to follow. The rationale for this
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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recommendation is that the Defendant is currently serving two consecutive life sentences and a
consecutive 20-year imprisonment term for crimes committed prior to his supervision term.
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 amended petition’s allegation that he violated a standard
condition of release that he failed to notify the probation officer within 72 hours of being
questioned by law enforcement. Based upon the Defendant’s plea of “true” to this allegation of
the First Amended 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 violation,
and the criminal history category is II. The policy statement range in the Guidelines Manual is 4
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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 4 months, which shall run
concurrently with his sentence of imprisonment imposed in Cause Nos. 28603, 28604, and 29197
in the 356th District Court, Hardin County, Texas, with no supervised release to follow.
After conducting an individualized assessment and consideration of the nature and
circumstances of the violation, and the fact that the Defendant is currently serving two consecutive
life sentences, and a consecutive 20-year imprisonment term, for crimes that were committed prior
to the instant supervision term beginning, the court finds an additional term of supervised release
is not warranted in this case.
VII. Recommendations
The court should find that the Defendant violated the allegation in the First Amended
Petition that he violated a standard condition of release by failing to notify the probation officer
within 72 hours of being questioned by law enforcement on September 18, 2023. The amended
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 4 months’ imprisonment to
run concurrently with his sentence of imprisonment imposed in Cause Nos. 28603, 28604, and
29197 in the 356th District Court, Hardin County, Texas, with no supervised release to follow.
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
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consenting to the imposition of the above sentence recommended in this report (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 11th day of December, 2025.
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