USA v. Canton et al

REPORT AND RECOMMENDATION – Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
UNITED STATES OF AMERICA
v.
ALBERTO ISRAEL CANTON (1)
§
§
§
§
§
CRIMINAL ACTION NO. 4:12-CR-00276-
SDJ
REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Now before the court is the request for revocation of Defendant Alberto Israel Canton
(“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 29, 2025, to determine
whether Defendant violated his supervised release. Defendant was represented by Brian O’Shea.
The Government was represented by Lesley Brooks.
Defendant was sentenced on August 21, 2014, before The Honorable Richard A. Schell of
the Eastern District of Texas after pleading guilty to the offense of Conspiracy to Manufacture,
Distribute, or Possess with Intent to Manufacture or Distribute 28 Grams or More of a Mixture
that Contains Cocaine Base, a Class B felony. This offense carried a statutory maximum
imprisonment term of 40 years. The guideline imprisonment range, based on a total offense level
of 35 and a criminal history category of IV, was 235 to 293 months. Pursuant to 18 U.S.C.
§ 3553(a)(7), to avoid unwarranted sentencing disparities among defendants, a sentence below the
advisory guideline range was imposed. Defendant was subsequently sentenced to 194 months
subject to the standard conditions of release, plus special conditions to include financial disclosure,
substance testing and treatment, mental health treatment, and a $100 special assessment. This
sentence was imposed in accordance with the U.S. Sentencing Commission guideline amendment
that went into effect on November 1, 2014, which amended the Drug Quantity Table in USSG
Case 4:12-cr-00276-SDJ-BD Document 209 Filed 01/14/26 Page 1 of 3 PageID #:
<pageID>

REPORT AND RECOMMENDATION – Page 2
§ 2D1.1, by reducing the drug offense levels by two levels. On July 23, 2020, this case was
transferred from Senior U.S. District Judge Richard A. Schell to U.S. District Judge Sean D.
Jordan. On January 21, 2025, an Order of Clemency was filed, commuting the sentence. Defendant
completed his period of imprisonment and began service of the supervision term on May 16, 2025.
On December 4, 2025, the United States Probation Officer executed a Petition for Warrant
or Summons for Offender Under Supervision (Dkt. #199, Sealed). The Petition asserts that
Defendant violated two (2) conditions of supervision, as follows: (1) Mandatory Condition
Defendant shall refrain from any unlawful use of a controlled substance; and (2) Standard
Condition Defendant shall refrain from excessive use of alcohol and shall not purchase, possess,
use, distribute, or administer any controlled substance or any paraphernalia related to any
controlled substances, except as prescribed by a physician. (Dkt. #199 at p. 1, Sealed).
The Petition alleges that Defendant committed the following acts: (1) & (2) On September
2 and 13, 2025, Defendant reported to NOC Clinical Counseling and Consulting in McKinney,
Texas, for random drug testing. A urine sample submitted that day tested positive for marijuana.
A laboratory report provided by Alere Toxicology confirmed his urine samples were positive for
marijuana. On October 20, 2025, Defendant appeared at NOC Clinical Counseling and Consulting
in McKinney, Texas, for random drug testing. A urine sample submitted that day tested positive
for marijuana. A laboratory report provided by Alere Toxicology confirmed his urine sample was
positive for marijuana. On November 3, 2025, Defendant appeared at NOC Clinical Counseling
and Consulting in McKinney, Texas, for random drug testing. A urine sample submitted that day
tested positive for marijuana. A laboratory report provided by Alere Toxicology confirmed his
urine sample was positive for marijuana. (Dkt. #199 at p. 1, Sealed).
Case 4:12-cr-00276-SDJ-BD Document 209 Filed 01/14/26 Page 2 of 3 PageID #:
<pageID>

REPORT AND RECOMMENDATION – Page 3
Prior to the Government putting on its case at the final revocation hearing, Defendant
entered a plea of true to allegations 1 and 2 in the Petition. Having considered the Petition and the
plea of true to allegations 1 and 2, the court finds that Defendant did violate his conditions of
supervised release.
Defendant waived his right to allocute before the District Judge and his right to object to
the report and recommendation of this court.
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 to
be imprisoned for an additional term of six (6) months with a two (2) year term of supervised
release to follow.
The court further recommends that all prior conditions imposed in the original judgment
be reimposed.
The court finally recommends that Defendant be housed in a Bureau of Prisons facility in
Seagoville, Texas, if appropriate.
Case 4:12-cr-00276-SDJ-BD Document 209 Filed 01/14/26 Page 3 of 3 PageID #:
<pageID>