USA v. Lopez

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
UNITED STATES OF AMERICA
v.
FRANK LOPEZ (1)
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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.
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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.
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