4:11-cr-00127•USA v. Pieper et al
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION UNITED STATES OF AMERICA v. BAJUNE MOSEBY (13) § § § § § CRIMINAL ACTION NO. 4:11-CR-00127 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Now before the court is the request for revocation of Defendant Bajune Moseby’s (“Defendant”) supervised release. After the District Judge referred the matter to this court for a report and recommendation, the court conducted a hearing on December 8, 2025, to determine whether Defendant violated his supervised release. Defendant appeared pro se. The Government was represented by Paul Morris. Defendant was sentenced on February 22, 2013, before The Honorable Marcia A. Crone of the Eastern District of Texas after pleading guilty to the offense of Conspiracy to Possess with the Intent to Distribute Marijuana, a Class A felony (Dkt. #1048, at p. 1, Sealed). This offense carried a statutory maximum imprisonment term of life (Dkt. #1048, at p. 1, Sealed). The guideline imprisonment range, based on a total offense level of 38 and a criminal history category of I, was 235 to 293 months (Dkt. #1048, at p. 1, Sealed). Defendant was subsequently sentenced to 293 months imprisonment followed by a 5-year term of supervised release subject to the standard conditions of release, plus special conditions to include financial disclosure, substance abuse treatment and testing, and a $100 special assessment (Dkt. #1048, at p. 1, Sealed). On August 11, 2016, pursuant to a Correction of Sentence on Remand (18 U.S.C. § 3742(f)(1) and (2)), the imprisonment portion of the sentence was reduced to 188 months (Dkt. #1048, at p. 1, Sealed). On October 24, 2024, Defendant completed his period of imprisonment and began service of the Case 4:11-cr-00127-SDJ-BD Document 1053 Filed 01/12/26 Page 1 of 5 PageID #: <pageID>
2 supervision term (Dkt. #1048, at p. 1, Sealed). On August 22, 2024, the case was reassigned to The Honorable Sean D. Jordan, U.S. District Judge for the Eastern District of Texas (Dkt. #1048, at p. 1, Sealed). On May 1, 2025, the United States Probation Officer executed a Petition for Warrant or Summons for Offender Under Supervision (Dkt. #1038, Sealed). The Petition asserts that Defendant violated four (4) conditions of supervision, as follows: (1) (standard) Defendant shall report to the probation officer in a manner and shall submit a truthful and complete written report within the first five days of each month.; (2) (standard) Defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; (3) (standard) Defendant shall notify the probation officer at least ten days prior to any change in residence or employment; and (4) (standard) Defendant shall permit a probation officer to visit him at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer. (Dkt. #1038 at pp. 1-2, Sealed). The Petition alleges that Defendant committed the following acts: (1) Defendant failed to report to the U.S. Probation Office as directed since December 2024. He was instructed to report to the office on March 25 and 27, 2025, and he failed to report as directed on both occasions; (2) Defendant failed to provide any verification of his employment. In addition to this, on March 24, 2025, he did not grant the probation officer permission to visit his place of employment; (3) On February 27, 2025, the U.S. Probation Officer attempted an at home visit at Defendant’s residence on file. He was not present during the visit, and he failed to contact his officer. On March 14, 2025, the U.S. Probation Officer attempted two additional visits, within the community, at addressees he has associations with. He was not present at either residence. On March 23, 2025, the probation officer spoke with Defendant via text message. The officer requested his residential information. Case 4:11-cr-00127-SDJ-BD Document 1053 Filed 01/12/26 Page 2 of 5 PageID #: <pageID>
3 Defendant failed to provide any information as requested. His whereabouts were unknown; (4) Defendant notified the U.S. Probation Office that he is only available for home visits after 5:00 p.m. during the weekday and during the weekend. When attempting to schedule appointments with him at work, he refused to give his officer the authority to visit him at his place of employment. (Dkt. #1038 at pp. 1–2, Sealed). Prior to the Government putting on its case at the final revocation hearing, Defendant entered a plea of true to allegation 1 of the Petition. The Government moved to dismiss allegations 2, 3, and 4.1 At the revocation hearing on December 8, 2025, Defendant signed and dated the “Consent to Revocation of Supervised Release and Waiver of Right to be Present and Speak at Sentencing and Object to Findings of Magistrate Judge” (“Consent Form”) (Dkt. #1050). By signing this form, Defendant: (1) [Waived] [his] right to object to the proposed findings and recommendations of the Magistrate Judge; (2) [Consented] to revocation of [his] supervised release; (3) [Consented] to imposition of the sentence, including all conditions of supervised release, recommended by the Magistrate Judge in the Report and Recommendation, and (4) [Waived] [his] right to be present and speak, and [his] right to have counsel [be] present and speak, before the [D]istrict [J]udge impose[d] the recommended sentence (Dkt. #1050). However, on December 11, 2025, Defendant filed a “Petition to Withdraw Agreement made on December 8th, 2025 to Renegotiate New Agreement” (“Petition to Withdraw”) (Dkt. #1051). Therein, Defendant stated that “[t]his petition to withdraw the agreement made on the 8th of December 2025 Monday afternoon is to renegotiate the current agreement, which was to state 1 Defendant and the Government negotiated the following plea agreement: 6 months imprisonment to be followed by a 1-year term of supervised release. Four months of Defendant’s supervised release to be served in a halfway house. Defendant requested to be housed at the Bureau of Prisons facility in Terre Haute, Indiana. Case 4:11-cr-00127-SDJ-BD Document 1053 Filed 01/12/26 Page 3 of 5 PageID #: <pageID>
4 that allegation 1 was true[,] to have allegations 2, 3, and 4 dropped, do six (6) months in Terre [Haute], Indiana BOP (to include time since the 5th of September 2025), and to do 1 year of probation with 120 days of that time in the halfway house” (Dkt. #1051, at pp. 1-2). Plaintiff added that his “renegotiation terms are similar to the current agreement, but instead of six (6) months in Terre [Haute], Indiana BOP, do nine (9) months (to include time since the 5th of September 2025), and no probation” (Dkt. #1051, at p. 2). The court construed this Petition to Withdraw as a motion to withdraw Defendant’s previously signed Consent Form (See Dkt. #1050). Accordingly, the court conducted a hearing on January 7, 2026, and advised Defendant of the court’s construction of his Petition to Withdraw. At the conclusion of the hearing, Defendant confirmed that he wished to withdraw his Consent Form and appear before the District Judge. Accordingly, Defendant did not waive his right to allocute before the District Judge or his right to object to the Report and Recommendation of this court. Having considered the Petition and Defendant’s plea of true to allegation 1, the court finds that Defendant did violate his conditions of supervised release. RECOMMENDATION Pursuant to the Sentencing Reform Act of 1984, the court recommends that Defendant’s supervised release be revoked and that he be committed to the custody of the Bureau of Prisons for an additional term of imprisonment of six (6) months, with a 1-year term of supervised release to follow. Four months of Defendant’s supervised release shall be served in a halfway house. All prior conditions imposed in the original judgment are reimposed here. The court recommends that allegations 2, 3, and 4 be dismissed. Case 4:11-cr-00127-SDJ-BD Document 1053 Filed 01/12/26 Page 4 of 5 PageID #: <pageID>
5 The court also recommends that Defendant be housed in the Bureau of Prisons facility in Terre Haute, Indiana if appropriate. Within fourteen (14) days after service of the magistrate judge’s report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C. § 636(b)(1)(C). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge’s report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific, written objections will bar the party from appealing the unobjected- to factual findings and legal conclusions of the magistrate judge that are accepted by the district court, except upon grounds of plain error, provided that the party has been served with notice that such consequences will result from a failure to object. See Douglass v. United Services Automobile Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Case 4:11-cr-00127-SDJ-BD Document 1053 Filed 01/12/26 Page 5 of 5 PageID #: <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.