USA v. Jobe

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	No. 2:16-CR-20038
SHAWN CASEY JOBE 	DEFENDANT
OPINION AND ORDER
Defendant Shawn Casey Jobe filed a pro se motion (Doc. 45) related to his supervised
release. Specifically, Mr. Jobe asks the Court “to facilitate and potentially expediate getting my
federal probation reinstated and federal detainer removed.” Id. Mr. The Government responded
in opposition, arguing that Mr. Jobe’s motion is untimely because his supervised release has not
been revoked. (Doc. 48). For the reasons stated below, Mr. Jobe’s motion will be DENIED.
The Court sentenced Mr. Jobe to 41 months’ imprisonment followed by five years of
supervised release after he pled guilty to conspiracy to commit sex trafficking in violation of 18
U.S.C. § 1594(c). 	(Doc. 40). 	After his supervision commenced, the United States Probation
Office filed a petition for warrant to revoke Mr. Jobe’s supervision for two alleged new law
violations. (Doc. 43). That petition is still pending because Mr. Jobe has been in state custody.
Mr. Jobe filed this motion because he is scheduled to be released from state custody later
this year. (Doc. 45). Mr. Jobe was not sentenced to any probation term, so the Court will assume
he is referring to his federal supervised release. He seeks to have his federal supervised release
reinstated before his release from state custody. 	However, because the petition is still pending,
Mr. 	Jobe’s 	federal 	supervised 	release 	has 	not 	been 	revoked. 	Additionally, 	Mr. 	Jobe
“acknowledge[d] his error,” which suggests there is merit to the Probation Office’s petition. Id.
While the Court appreciates Mr. Jobe’s diligence in attempting to resolve the petition to
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revoke his supervised release, the Court cannot reinstate something that has not been taken away.
After Mr. Jobe is released from state custody, the Court will proceed with a revocation hearing on
the pending petition. At that hearing, Mr. Jobe will be able to present any defenses or mitigating
factors that he believes the Court should consider along with the petition. This includes his time
in state custody for what appears to be the same conduct at issue in the pending petition.
IT IS THEREFORE ORDERED that Mr. Jobe’s motion (Doc. 45) is DENIED.
IT IS SO ORDERED this 10th day of April, 2024.
/s/P. K. Holmes ,
ΙΙΙ
P.K. HOLMES, III
U.S. DISTRICT JUDGE
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