4:25-cr-00175•USA v. Lopez
Texte intégral
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION UNITED STATES OF AMERICA v. FRANK LOPEZ (1) § § § § § NO. 4:25-CR-00175-SDJ-BD SEALED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This report and recommendation addresses a petition for revocation of the defendant’s supervised release. Dkt. 2 (sealed). PROCEDURAL HISTORY On January 20, 2023, United States Circuit Judge Alison J. Nathan sentenced defendant Frank Lopez to time served followed by three years of supervised release. United States v. Ralph Berry, No. 1:20-cr-00084-AJN-2 (S.D.N.Y. Feb. 16, 2023), Dkt. 202 (amended judgment). Lopez’s term of supervised release commenced immediately. Dkt. 2 (sealed) at 1. In October 2025, a probation officer petitioned the court for a warrant, alleging that Lopez had violated four conditions of his supervised release. Dkt. 2 (sealed). Specifically, the petition alleged that Lopez had violated conditions that required him to: (1) refrain from any unlawful use of a controlled substance; (2) live at a place approved by his probation officer and notify his probation officer of any change of residence; (3) participate in a program of testing and treatment for substance abuse; and (4) participate in a program of mental-health treatment. Dkt. 2 (sealed) at 1– 4. In support of those allegations, the petition asserted that, on several occasions, Lopez submitted urine specimens that tested positive for marijuana or failed to submit urine specimens, moved to a new residence without notifying his probation officer, and failed to attend counseling as directed. Dkt. 2 (sealed) at 1–4. Case 4:25-cr-00175-SDJ-BD Document 13 Filed 11/13/25 Page 1 of 2 PageID #: <pageID>
2 A final revocation hearing was held before me on November 12, 2025. Minute Entry for Nov. 12, 2025. Lopez pleaded true to all of the petition’s allegations but did not agree to a sentence. Id. Lopez’s counsel presented two witnesses at the hearing, including Lopez himself, and the court admitted several exhibits that Lopez offered without objection from the government. Id. After both witnesses were examined by counsel, the court discussed the appropriate sentence with counsel at some length. Id. After considering the evidence and counsel’s arguments, the court announced what its recommendation would be. Id. RECOMMENDATION In accordance with the Sentencing Reform Act of 1984, and having considered both parties’ arguments, the court recommends that Lopez’s supervised release be revoked based on the allegations in the petition for revocation of supervised release, Dkt. 2 (sealed), and Lopez be committed to the custody of the Bureau of Prisons to be imprisoned for a term of nine months. The court understands that Lopez intends to challenge that recommendation at a hearing before the district judge. Case 4:25-cr-00175-SDJ-BD Document 13 Filed 11/13/25 Page 2 of 2 PageID #: <pageID>
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