USA v. Lewis

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
UNITED STATES OF AMERICA
vs.
JESSE LEWIS, IV (1)
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§ 	CASE NO. 6:25-CR-00108-JCB
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REPORT AND RECOMMENDATION
ON REVOCATION OF SUPERVISED RELEASE
On January 20, 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 Jim Noble. 	Defendant was represented by Assistant Federal Defender Jonathan
Hyatt.
Background
After pleading guilty to the offense of Theft of Firearms From a Federal Firearms Licensee,
a Class C felony, Jesse Lewis, IV was sentenced on October 8, 2020, by United States District
Judge James Wesley Hendrix, Northern District of Texas. 	The offense carried a statutory
maximum imprisonment term of 10 years. 	The guideline imprisonment range, based on a total
offense level of 23 and a criminal history category of I, was 46 to 57 months. The Court sentenced
Defendant to imprisonment for a term of 48 months, followed by a 3-year term of supervised
release, subject to the standard conditions of supervised release and special conditions to include
abstaining from alcohol and all other intoxicants and participating in a drug abuse treatment
program.
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Defendant completed his term of imprisonment and started his term of supervised release
on December 8, 2023. Jurisdiction of the case was transferred to this district on October 8, 2025
and the case was assigned to United States District Judge J. Campbell Barker.
Allegations
In the Petition seeking to revoke Defendant’s supervised release, filed on October 20, 2025,
United States Probation Officer Satori Barnes alleges that Defendant violated the following
condition of supervised release:
1. 	Allegation 1 (mandatory condition): The defendant shall not commit another
federal, state, or local crime. It is alleged that Defendant was arrested on September
20, 2025 for reportedly committing the offense of Assault Causes Bodily Injury, a
Class A misdemeanor, as documented by the Longview Police Department’s offense
report number 25-12667. 	According to the offense report, the Longview Police
Department responded to a family violence call located near 105 N. Spur 63,
Longview, Texas. The caller reported a female was running from a male, and he was
hitting her. 	When law enforcement arrived on scene, Defendant was observed
grabbing the female and placing her between the police officer and himself. Defendant
was instructed to let go of the female and get on the ground, which he complied.
Further observation of the female revealed a fresh bruise, swelling and redness on the
right side of her face. Defendant was arrested and booked in the Gregg County Jail.
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 C felony. Accordingly, the
maximum imprisonment sentence that may be imposed is 2 years. 18 U.S.C. § 3583(e).
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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
committing the offense of Assault Causes Bodily Injury, as alleged in the petition, he is guilty of
a Grade C violation. U.S.S.G. § 7B1.1(a). Defendant’s original criminal history category was I.
The guidelines provide that Defendant’s guideline imprisonment range for a Grade C violation is
3 to 9 months.
Hearing
On January 20, 2026, Defendant appeared for a final revocation hearing. Assistant United
States Attorney Jim Noble announced that Defendant and the Government reached an agreement
for Defendant to enter a plea of true to Allegation 1 of the petition and to jointly request a sentence
of imprisonment for a term of 3 months, with no further term of supervised release. 	The
Government and Defendant are in agreement that Defendant’s time in custody solely on the federal
warrant arising out of this petition started on December 20, 2025. 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 1 of the petition. 	Defendant requested a recommendation to the
Bureau of Prisons to designate him to USP Terre Haute.
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 1 of the petition is true. Defendant is guilty of a Grade C supervised
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 (5 th Cir. 2005) (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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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 3 months, with no further
term of supervised release. Through an individualized assessment, I determined that no new term
of supervised release is warranted. Any criminal history monetary penalties previously 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 1
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 3 months,
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 USP Terre Haute.
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 3 months, with no further term of supervised release.
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