USA v. Payne

-1-
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
UNITED STATES OF AMERICA
v.
DUSTY RAY PAYNE
§
§
§
§
§
§
§
§
CASE NUMBER 1:19-CR-00173-MAC
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT
FOR OFFENDER UNDER SUPERVISION
Pending is a “Petition for Warrant or Summons for Offender Under Supervision” filed
January 28, 2026, alleging that the Defendant, Dusty Ray Payne, 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
Dusty Ray Payne was sentenced on August 13, 2020, before The Honorable Marcia A.
Crone, of the Eastern District of Texas, after pleading guilty to the offense of Possessing a
Firearm in Furtherance of a Drug Trafficking Crime, a Class A felony. This offense carried a
statutory maximum imprisonment term of 60 months. The guideline imprisonment range, based
on a criminal history category of III, was 60 months. Dusty Ray Payne was subsequently
sentenced to 60 months’ imprisonment followed by a 3 year term of supervised release subject to
the standard conditions of release, plus special conditions to include financial disclosure; testing
Case 1:19-cr-00173-MAC-CLS Document 50 Filed 02/12/26 Page 1 of 6 PageID #:
<pageID>

-2-
and treatment for substance abuse; acquire a high school equivalency certificate; and a $100
special assessment.
II. The Period of Supervision
On March 13, 2024, Dusty Ray Payne completed his period of imprisonment and began
service of the supervision term.
III. The Petition
United States Probation filed the Petition for Warrant for Offender Under Supervision
raising four allegations. The petition alleges that Dusty Ray Payne violated the following
conditions of release:
Allegation 1. You shall not commit another federal, state, or local crime.
Allegation 2. You must live at a place approved by the probation officer. If you
plan to change where you live or anything about your living arrangements (such
as the people you live with), you must notify the probation officer at least 10 days
before the change. If notifying the probation officer in advance is not possible due
to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
Allegation 3. You must not communicate or interact with someone you know is
engaged in criminal activity. If you know someone has been convicted of a
felony, you must not knowingly communicate or interact with that person without
first getting the permission of the probation officer.
Allegation 4. You must participate in a program of testing and treatment for
substance abuse and follow the rules and regulations of that program until
discharged. The probation officer, in consultation with the treatment provider,
will supervise your participation in the program. You must pay any cost
associated with treatment and testing.
IV. Proceedings
On February 12, 2026, 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
Case 1:19-cr-00173-MAC-CLS Document 50 Filed 02/12/26 Page 2 of 6 PageID #:
<pageID>

-3-
violated conditions of supervised release, and the appropriate course of action for any such
violations.
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 second allegation that claimed he failed to notify probation officer about a
change in residence. In return, the parties agreed that he should serve a term of 10 months’
imprisonment 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 A felony, therefore, the maximum
imprisonment sentence is 5 years.
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 his probation officer
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).
Case 1:19-cr-00173-MAC-CLS Document 50 Filed 02/12/26 Page 3 of 6 PageID #:
<pageID>

-4-
about a change in residence, 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 III, the policy statement imprisonment
range is 5 to 11 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. The Defendant’s agreed upon revocation sentence shall run consecutively to
any other term of imprisonment he is serving.
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
Case 1:19-cr-00173-MAC-CLS Document 50 Filed 02/12/26 Page 4 of 6 PageID #:
<pageID>

-5-
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 petition’s allegation that he violated a standard
condition of release that he failed to notify his probation officer about a change in residence.
Based upon the Defendant’s plea of “true” to this allegation of the 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 III. The policy statement range in the Guidelines
Manual is 5 to 11 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 10
months with no supervised release to follow. With the Defendant serving an imprisonment term
at the high end of the range and that term covering most of his remaining supervision term, the
court finds that another term of supervised release is not warranted in this case.
Case 1:19-cr-00173-MAC-CLS Document 50 Filed 02/12/26 Page 5 of 6 PageID #:
<pageID>

-6-
VII. Recommendations
The court should find that the Defendant violated the allegation in the petition that he
violated a standard condition of release by failing to notify probation officer about a change in
residence. The 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 10
months’ imprisonment 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 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 12th day of February, 2026.
Case 1:19-cr-00173-MAC-CLS Document 50 Filed 02/12/26 Page 6 of 6 PageID #:
<pageID>