USA v. Sherow et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
UNITED STATES OF AMERICA
vs.
MONTA LAMON SHEROW (1)
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§ 	CASE NO. 6:18-CR-00042-JDK
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REPORT AND RECOMMENDATION
ON REVOCATION OF SUPERVISED RELEASE
On March 5, 2026, the Court held a final revocation hearing on a Petition for Warrant or
Summons for Offender under Supervision. The Government was represented by Assistant United
States Attorney Lucas Machicek. Defendant was represented by J. Brandt Thorson.
Background
After pleading guilty to the offense of Possession with Intent to Distribute and Distribution
of 50 Grams or More of Methamphetamine (actual), a Class A felony, Defendant Monta Lamon
Sherow was sentenced on January 7, 2020, by United States District Judge Jeremy D. Kernodle.
The offense carried a statutory maximum imprisonment term of life. The guideline imprisonment
range, based on a total offense level of 29 and a criminal history category of V, was 140 to 175
months. The Court sentenced Defendant to imprisonment for a term of 91 months, followed by a
5-year term of supervised release subject to the mandatory and standard conditions of release, plus
special conditions to include financial disclosure, no alcoholic beverages, and substance abuse
treatment and testing. On March 22, 2024, Defendant completed his term of imprisonment and
started service of his term of supervised release.
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Allegations
In the Petition seeking to revoke Defendant’s supervised release, filed on February 13,
2026, United States Probation Officer Andrea Van Ness alleges that Defendant violated the
following conditions of supervised release:
1. 	Allegation 1 (mandatory condition 1): The defendant must not commit another
federal, state, or local crime. It is alleged that Defendant was arrested on January
30, 2026, by Longview police for the offense of possession of marijuana more than
four ounces but less than five pounds, a state jail felony, while in Longview, Texas.
2. 	Allegation 2 (mandatory condition 2): The defendant must not unlawfully possess
a controlled substance 	It is again alleged that Defendant was arrested on January
30, 2026 by Longview police for possessing marijuana. 	It is also alleged that
Defendant reported to the Tyler supervision office on February 2, 2026, and admitted
that he had possessed marijuana on January 30, 2026.
Applicable Law
According to 18 U.S.C. § 3583(e)(3), the Court may revoke the term of supervised release
and require a Defendant to serve in prison all or part of the term of supervised release without
credit for the time previously served under supervision, if it finds by a preponderance of the
evidence that Defendant violated a term of supervised release. Supervised release shall be revoked
upon a finding of a Grade A or B supervised release violation. 	U.S.S.G. § 7B1.3(a)(1). In the
present case, Defendant’s original offense of conviction was a Class A felony. Accordingly, the
maximum imprisonment sentence that may be imposed is 5 years. 18 U.S.C. § 3583(e).
Under the Sentencing Guidelines, which are non-binding,1 if the Court finds by a
preponderance of the evidence that Defendant violated his conditions of supervised release by
1 The United States Sentencing Guidelines as applied to revocations of supervised release “have always been non-
binding, advisory guides to district courts in supervised release revocation proceedings.” United States v. Brown,
122 Fed.Appx. 648, 2005 WL 518704, slip op. p.1 (citing United States v. Davis, 53 F.3d 638, 642 (5 th Cir. 1995));
see also United States v. Mathena, 23 F.3d 87 (5 th Cir. 1994) (policy statements contained in Chapter 7 of the
Sentencing Guidelines applicable to sentencing a defendant upon revocation of supervised release are advisory
only.).
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committing the offense of possession of marijuana more than four ounces but less than five pounds,
a state jail felony, as alleged in the petition, Defendant is guilty of a Grade B violation. U.S.S.G.
§ 7B1.1(a). 	Defendant’s original criminal history category was V. 	The guidelines provide that
Defendant’s guideline imprisonment range for a Grade B violation is 18 to 24 months. If the Court
finds by a preponderance of the evidence that Defendant violated his conditions of supervised
release by possessing marijuana, as alleged in the petition, Defendant is guilty of a Grade C
violation. 	U.S.S.G. § 7B1.1(a). 	With Defendant’s original criminal history category of V, the
guidelines provide that Defendant’s guideline imprisonment range for a Grade C violation is 7 to
13 months.
Hearing
On March 5, 2026, Defendant appeared for a final revocation hearing. 	Assistant United
States Attorney Lucas Machicek announced that Defendant and the Government reached an
agreement for Defendant to enter a plea of true to Allegation 2 of the petition, and to jointly request
a sentence of imprisonment for a term of 12 months and 1 day with no further term of supervised
release. After the Court explained to Defendant his right to a revocation hearing, he waived his
right to a revocation hearing and entered a plea of “true” to Allegation 2 of the petition. Defendant
requested a recommendation to the Bureau of Prisons to confine him at FCI Pollock
Findings and Conclusions
I find that Defendant is competent and that his plea and waiver of the revocation hearing
was knowingly and voluntarily made. I accept Defendant’s plea and find by a preponderance of
the evidence that Allegation 2 of the petition is true. Defendant is guilty of a Grade C supervised
release violation. I further find and conclude that Defendant’s term of supervised release should
be revoked and that he should be sentenced to imprisonment for a term of 12 months and 1 day
with no further term of supervised release. 	Any criminal history monetary penalties previously
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ordered in the final judgment should be imposed in this revocation, with all payments collected
credited towards outstanding balances.
RECOMMENDATION
In light of the foregoing, it is recommended that Defendant’s plea of true to Allegation 2
of the petition be ACCEPTED and that Defendant’s term of supervised release be REVOKED.
It is further recommended that Defendant be sentenced to imprisonment for a term of 12 months
and 1 day with no further term of supervised release. Any criminal monetary penalties previously
ordered in the final judgment should be imposed in this revocation, with all payments collected
credited towards outstanding balances. It is finally recommended that the Court request the Bureau
of Prisons to designate Defendant to FCI Pollock.
Before 	the 	conclusion 	of 	the 	hearing, 	the 	undersigned 	announced 	the 	foregoing
recommendation and notified Defendant of his right to object to this Report and Recommendation
and to be present and allocute before being sentenced by the Court. Defendant waived those rights
and executed a written waiver in open court. The Government also waived its right to object to
the Report and Recommendation. It is therefore recommended that the Court revoke Defendant’s
supervised release and enter a Judgment and Commitment for him to be sentenced to imprisonment
for a term of 12 months and 1 day with no further term of supervised release.
So ORDERED and SIGNED this 5th day of March, 2026.
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