3:25-cr-00358•USA v. Collier
Texte intégral
IN THE UN ITED STATES DISTRI CT COURT NORTHERN DISTRICT OF TE XAS DALLAS DIVISION UNITED STATES OF AMERICA V. BRANDON DEVON COLLIER, Defendant. § § § § § § § No. 3:25-cr-358-B MEMORANDUM OPINION AND ORDER REVOKING PRETRIAL RELEASE AND ORDERING DETENTION PENDING TRIAL D efendant Brandon Devon Co lli er is ch arged by an indictment wit h Stealing a Firearm from a Federal Firearm Licensee, in viol ation of 18 U.S.C. §§ 922(u) a nd 924(i)(l) . His case is set for trial on February 23, 2026 before Senior Di str ict Jud ge Jane J. Boyle. On September 24, 2025, t he undersigned United States magistrate j ud ge released Defendant under 18 U.S . C. § 3142(c) pending trial subject to a n Order Setting Conditions of Release. See Dk t. No. 10. Havin g been released on s uch conditions, "[a] person who has been released under section 3142 of this tit l e, and who h as viol ated a condition of hi s release , is subject to a revocation of release, an order of detention , and a prosecution for contempt of court." 18 U.S.C. § 3148(a) . Under 18 U.S .C. § 3148(b), [t]he attor ney for the Government may initiate a proceeding for revocation of an order of release by filing a motion with the district co urt. A judicial officer may issue a warrant for the arrest of a person ch arged with viol ating a condition of re l ease , and the person shall be brought before a judicial officer in t he district in which such person 's arrest was -1 - Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 1 of 9 PageID <pageID>
ordered for a procee ding in accordance with this section. To the extent
practi ca bl e, a person charged with violating the condition of release that
such person not co mmit a Federal , Stat e, or lo cal crime durin g the period
of release, s hall be brought before the judi cial officer who ordered the
release and whose order is alleged to hav e been violated.
18 U.S.C. § 3148(b).
Section 3148(b) furth er provides that th e Court "sha ll e nt er an order of
revocation a nd d ete ntion if, after a h ear ing , the judicial officer - (1) finds that there
is - (A) probable cause to believe t h at the person h as committed a Federal, Stat e, or
local crime while on release; or (B) clear and convincing evidence that the person ha s
violated any other condition of rel ease; and (2) finds that - (A) ba sed on th e factors
set forth in [18 U.S.C. § 3142(g)] , there is no condition or combination of conditions of
release that will assure that the perso n will not fl ee or pose a dan ger to the sa fety of
any other person or the community; or (B) the person is unlik ely to abide by a ny
condition or combination of conditions of rel ease ." 18 U.S.C. § 3148(b)(l)-(2).
Bu t Section 3148(b) furth er provides that, "[i]f the judicial officer finds that
there are conditions of release that will assure that the person will not flee or pose a
dan ger to the safety of any other person or the co mmuni ty, and th at t he person will
abide by such conditions, the judicial officer s hall treat the person in acc ordan ce with
the provisions of section 3142 of this title and may amend the conditions of release
accordingly." 18 U.S.C. § 3148; s ee also 18 U.S.C. § 3142(c)(3) (" Th e judicial officer
ma y at any time amend the order to impose a dditional or differe nt conditions of
release.").
-2-
Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 2 of 9 PageID <pageID>On December 29, 2025, Defendant's supervising pretrial services officer filed a Report of Violation of Conditions of Pr etr ial Release, in which she reported: COMES NOW Frank Chavez, U.S . Probation Officer, presenting a report to the Court upon the conduct of defendant , Brandon Devon Collier, who was placed on pretrial release supervision by the Honorable U.S. Magistrate Judge David L. Horan sitting in the Court at Dallas, Texas, on September 24, 2025, under the following conditions: (7b) Th e defendant must continue or actively seek e mployment. (7h) Th e defendant must get medical or psychiatric treatment: mental health evaluation and treatment. (7m) The defendant must not use or unlawfully possess a narcotic drug, or other controlled sub sta nces defined in 21 U.S.C. § 802, unless pr escribed by a licensed m ed ical practition er. (7o) The de fendant must participat e in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or s upervi s ing officer. Th e und ers igned ha s information that the defe ndant ha s violated such conditions in each of the following respects: On September 30, 2025, the defendant reported to the U.S. Probation Office for an orientation to supervision . During the orientation , the defendant de monstrat ed reluctancy to partake in treatment imposed by the Court. The de fendant became defensive and began raising his voice as U .S. Probation Officer Frank Chav ez (USPO) Chavez explained hi s conditions of his release. The de fendant requested to speak to a supervisor. Supervi s ing U.S. Probation Officer Bruno Perez (SUSPO) Perez intervened. Th e defendant agreed to participate in the treatment ser vices as required. On the same date , the defendant submitted a urinaly s is which yielded a presumptiv e pos itiv e result for mariju a na. The de fendant report ed smoking marijuana daily. Th e defendant was told this first exam would be use d as a ba seline and he would be allowed time to detoxify. On October 30, 2025, he tested n ega tive for all illicit substances. On October 6, 2025 , the de fendant called to report he did not want to attend mental health counseling. He cited transportation and financial iss ues as being the reasons he could not be pr ese nt. The defendant asked USPO Chavez for money and to take him to his appointments since he wa s be ing forced to go. Th e defe ndant wa s admonished for making such comments and his treatment plan wa s later modified to allow him to atte nd virtually. -3- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 3 of 9 PageID <pageID>
On the same date, USPO Chavez discussed the defendant's noncompliance and negative attitude toward supervision with defense counsel. USPO Chavez explained the efforts taken to get the defendant enrolled in treatment services and his hesitation to follow the Court's order. Defense counsel agreed to speak to the defendant regarding his involvement in pretrial supervision. On October 27, 2025, the defendant failed to report for his virtual mental health counseling session with Phoenix Associates Counseling Services (PACS). PACS contacted the defendant to reschedule , and he told them he no longer needed to attend treatment. PACS reached out to USPO Chavez to confirm the defendant's comments and they were told that information was false. On October 30, 2025, the defendant reported to the U .S . Probation Office for the purpose of addressing his noncompliance. USPO Chavez and Supervising U.S. Probation Officer DeAundra King (SUSPO King) conducted an administrative hearing with the defendant who was accompanied by his father. USPO Chavez discussed the defendant's behavior and his inquiry regarding substance abuse treatment. USPO Chavez explained to the defendant that he was already enrolled in substance abuse treatment, but he could participate in a 30-day residential treatment if necessary. The defendant declined and denied any substance abuse . SUSPO King addressed the defendant's attitude toward supervision. He was instructed not to miss any additional mental health appointments and to not mislead the counselors. The defendant and his father agreed to work together to assist the defendant in complying with his conditions of supervision. On November 18, 2025, the defendant failed to report for random drug testing as instructed at Homeward Bound Incorporated (HBI) in Dallas, Texas. The defendant was contacted regarding his missed drug test , and he subsequently submitted a urinalysis on November 19, 2025. On November 20, 2025, the defendant failed to report for his virtual mental health counseling session with PACS for a second time . The defendant became upset and began shouting over the phone when he was confronted about missing his appointment. He stated he did not need additional mental health treatment as he already had his own. He requested to speak to a supervisor, and SUSPO Perez intervened and agreed to remove the defendant from mental health treatment. The defendant was instructed to provide verification regarding his own provider to USPO Chavez. The defendant reported he is receiving mental health treatment from Lean On Me Psychiatry in Cedar Hill , Texas. On December 10, 2025 , USPO Chavez spoke to the facility and verified the defendant's -4- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 4 of 9 PageID <pageID>
counseling and mental health medications from this facility. The facility provided a li st of mental h ea lth medications the defe ndant is prescribed by their psychiatri st . On Dece mber 2, 2025, the results from the urinalysi s the defe ndant s ubmitt ed on November 19, 2025 , indi cated a presumptive positive re s ult for m ar ijuana , amphetamines, and opiates. The urin e speci men was subsequently confirmed positive for m ar iju a na , codeine , m et hamphetamine , and morphine by Alere Toxicology S erv ices. Alere was provided the li st of medication s the defe ndant is c urrentl y pr escribed, and they verified that none of the pr esc ribed me dications would account for the pos itiv e drug results. On Decemb er 10, 2025, the results from a urin alysis the defe ndant s ubmitted on Dece mber 1, 2025, indic ate d a presumptive positive result for methamphetamine . The urine specimen wa s subseq uently confirmed positive by Alere Toxicology Services. On December 18, 2025, the defenda nt was in str uct ed to report to the office on Dece mber 22, 2025, to address his positive urinalysis. On Dece mber 22, 2025 , the defenda nt failed to report to the office as he had previously agree d. Th e defendant wa s rescheduled for Dece mber 24, 2025. On Dece mb er 24, 202 5, the defe ndant reported to the office to address his positive urinaly sis reports. Th e defendant was accompanied by hi s p are nt and denied us ing a ny drug s since being on pretrial rel ease . He state d it was likely du e to hi s me nt al h ea lth medication. Th e de fendant was notified the re s ult s of hi s test wer e confirmed by a lab , and the li st of medications that wa s provided by hi s psychiatrist would not hav e caused any positive results. The defendant maintain ed he ha s not used drug s. On the sa me day, the defe ndant notified USPO Chav ez that MDMA would also cause him to test positive for methamphetamine. When asked whether he had used MDMA, the defe ndant de nied using that sub sta nce as well. USPO Chavez in str ucted the de fendant to notify hi s attorney. Th e defendant ha s demon strate d he is not inclined to follow any in str uction by the Court or the U.S. Probation Office. He refuses to tak e accountability and dis play s poor adjustment on sup er v1s1on. Additionally, the defendant ha s failed to obtain employment since th e onset of hi s sup erv ision. He ha s estab lished he is unwilling to mak e him se lf available for sup erv ision despit e numerou s interv e ntions with supervisors, hi s parent s, and hi s defense attorney. The undersigned s ugg ests to the court that a warrant be iss ued for the arres t of the defendant, and that a h ear ing be sche dul ed for consideration of revocation of the defe ndant' s conditions of pr et rial release. -5- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 5 of 9 PageID <pageID>
Dkt. No. 17 at 1-3. The Court ordered that a summons be issued and the defendant appear before this Court to determine whether his conditions of prehearing release should be revoked. See id. at 4. The government filed a Motion to Revoke Pretrial Release, in which it asserted: The United States of America respectfully asks the Court to revoke pretrial release pending resolution of the above referenced defendant pursuant to 18 U.S.C. § 3148 and in support of such motion would show the Court as follows: On August 5, 2025, a federal grand jury returned an indictment charging the defendant with one count of stealing a firearm from a federal firearm licensee, in violation of 18 U.S.C. 922(u). (Dkt. 1.) On September 24, 2025, the defendant made his initial appearance and was placed on pretrial release supervision by United States Magistrate Judge David L. Horan. (Dkt. 10.) Release conditions included: (7b) The defendant must continue or actively seek employment. (7h) The defendant must get medical or psychiatric treatment: mental health evaluation and treatment. (7m) The defendant must not use or unlawfully possess a narcotic drug , or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner. (7o) The defendant must participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or supervising officer. (Id.) The defendant advised the Court that he understood the conditions of pretrial release and agreed to abide by them. (Id.) On January 2, 2026, U.S. Probation filed a Report of Violation of Conditions of Pretrial Release alleging that the defendant violated the pretrial conditions. (Dkt. 17 .) In that same document the Court ordered the government to file a motion to revoke consistent with the information contained in Probation's report. (Id.) In the report of violation, USPO Chavez alleged that the defendant violated his conditions of release by: (1) failing to continue or actively seek employment; (2) failing to get a mental health evaluation -6- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 6 of 9 PageID <pageID>
and treatment ; (3) using and/or possessing a controlled substance; and (4) failing to participate in a program of inpatient or outpatient substance abuse therapy and counseling. On September 30, 2025, the defendant submitted a urine specimen to the U.S. Probation Office , which tested positive for marijuana , and he admitted to smoking marijuana daily. On October 6, 2025 , the defendant called USPO Chavez and indicated he did not want to attend mental health counseling as ordered , citing financial issues as the reason. USPO Chavez ultimately modified the defendant's plan to allow him to attend counseling virtually. On October 27, 2025, and November 20, 2025, the defendant failed to report for his virtual mental health counseling as required without a valid excuse. On November 18, 2025 , the defendant failed to report for random drug testing as instructed. And on November 19, 2025, the defendant submitted a urine specimen to the U.S. Probation Office, which tested positive for marijuana, codeine, methamphetamine , and morphine. On December 1, 2025 , the defendant submitted a urine specimen to the U.S. Probation Office, which tested positive for methamphetamine. On December 22, 2025, the defendant failed to report to probation as previously agreed to discuss his positive urinalysis. When he ultimately reported on December 24, 2025, he denied any drug use. Finally , the defendant has failed to obtain employment since the onset of his supervision . Based upon the foregoing, Collier's pretrial release should be revoked. The defendant has clearly demonstrated an inability to abide by the terms of release set by United States Magistrate Horan. Based upon the conduct detailed above , it is reasonable to conclude that there is no condition or combination of conditions of release that will assure that Collier will not flee or pose a danger to the safety of any other person or the community . Pursuant to 18 U.S.C. § 3148(b), the government requests that the defendant's pretrial release be revoked and that he be detained pending the conclusion of his case.United States of America requests that this Court revoke the supervised release of Billy Wayne Farris. Dkt. No. 19 at 1-4. On January 16, 2026, the Court held a hearing on the matter of possible - 7- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 7 of 9 PageID <pageID>
revo cat ion, at which Defendant appeared in person and through counsel and announced ready to proceed. The government appeared through an Assistant United States Attorney for the Northern District of Texas and likewise announced ready. The Court heard testimony from Probation Officer Chavez and a proffer through counsel for Defendant and admitted Defense Exhibit 1 and then heard argument from counsel. The evidence shows clearly and convincingly that Defendant violated the conditions that he not use prohibited controlled substances and that he participate in and attend s ubstance abuse treatment as directed by pretrial services. De fendant has tested positive for the use of prohibited substances that his prescription medications cannot explain away, and he has repeatedly missed substance abuse treatment sess10ns. The Court determines that the existing combination of conditions is that least restrictive combination of conditions that will reasonably assure Defendant 's appearance as required and the safety of any other person and the community while Defe ndant is on release , and the Court det er mines that there are no other available conditions that the Court can impose and that Defendant is likely to comply with. And the Court finds that, ba se d on Defe ndant 's conduct over the la st month- and-a-half, Defendant is unlikely to abide by any condition or co mbination of conditions of release that the Court could set going forward. Based on the facts explained above, and the Court's findings based on those -8- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 8 of 9 PageID <pageID>
facts , the Court grants the government's motion to revoke prehearing release in each case and ORDERS that , under 18 U.S.C. § 3148(b), the Court 's Order Setting Conditions of Release in each case is VACATED and Defendant's prehearing release under 18 U.S.C. § 3142 is revoked. It is ORDERED that Defendant be , and he is hereby, committed to the custody of the Attorney General and United States Marshal pending further proceedings. It is ORDERED that, while in the custody of the Attorney General and the United States Marshal, Defendant shall be confined in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. It is ORDERED that Defendant, while being so held, be afforded reasonable opportunity for private consultation with counsel. It is further ORDERED that, on an Order of a Court of the United States or at the request of the attorney for the Government , the person in charge of the corrections facility in which Defendant is confined shall deliver Defendant to a United States Marshal for the purpose of an appearance in connection with court proceedings. SO ORDERED. DATED: January 16, 2026 DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE -9- Case 3:25-cr-00358-B Document 21 Filed 01/16/26 Page 9 of 9 PageID <pageID>
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.