USA v. Farris

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNI TED STATES OF AM ERIC A
V.
BILLY WAYNE FARRIS,
Defe ndant.
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Nos. 3:07-cr-313-B & 3:07-cr-327-B
MEMORANDUM OPINION AND ORDER REVOKING PREHEARING
RELEASE AND ORDERING DETENTION PENDING FINAL HEARING
Defenda nt Billy Wayne Farris is facing a final sup erv ised release revocation
h ear ing , currently sche dul ed for Janu ary 22, 2026 before Se nior Dis trict Judg e Jan e
J. Boyle.
On Se pt emb er 	22, 	2025 , the 	und ers ign ed Unit ed Stat es magistrate judge
considered 	releasing 	Defe ndant 	pe nding 	the 	final 	h ear ing 	under 	18 	U.S.C . 	§
3143(a)( l ), which di rects that " the judi cial officer s hall order that a pe rson who ha s
bee n found 	g uilt y of an offense 	and who is awaiting imposition or e xecution of
sentence , other 	than 	a 	per son 	for 	whom. 	the 	applicable 	guideline 	promulgated
pur s uan t to 28 U.S.C . 994 do es not recorn.rn.end a t e rm. of irn.prisonrn.ent, be de tained ,
unl ess t he judi cial officer finds by cl ear and co nvincing eviden ce that the p ers on is
not lik ely to fl ee or pose a dang er to the sa f ety of any other person or th e comm.unity
if released und er sec tion 3142(b) or (c). If th e judicial officer mak es such a finding ,
such judi cial officer sh all order the release of the p ers on in accordance with section
3142(b) or (c). "
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In 	accordance 	with 	18 U.S . C. 	§ 3143(a)(l) 	and Fede ral Rule 	of Criminal
P roce dur e 32. l(a)(6) , the Court released Defe ndant und er 18 U.S . C. § 3142(c) pending
the final h ea ring subj ect to an Order S et ting Conditions of Relea se . See Dkt. No. 56
(Case No . 3:07- cr -313-B) ; Dkt. No. 48 (Case No. 3:07-cr-327-B).
Having bee n r el ease d on s uch conditions, "[a] p erso n who has been released
und er section 3142 of this t itle , and who ha s violated a condition of hi s release , is
subj ect to 	a 	revocation of release, 	a n order of det e ntion , and a 	pro sec ution for
co nt emp t of court." 18 U.S.C. § 3148(a). Under 18 U.S.C. § 3148(b),
[t]he 	attor ney 	for 	the 	Government 	may 	initi ate 	a 	proceeding 	for
revocation of an order of release by filing a motion with the di st rict court.
A judicial officer may i ss ue a warrant for the arrest of a per son charged
with violating a condition of release, and the p erso n s hall be brought
before a judicial officer in the district in which s uch pe rson' s arrest w as
ordered for a proceeding in accordance with thi s section. To th e extent
practicabl e, a pe rson charged with violating the condition of release th at
s uch p erso n not commit a Fe deral , Stat e, or local crime during th e pe riod
of release, sh all be brought before the judicial officer who ordered th e
rel e ase and whose order is alleged to hav e bee n violated.
18 U .S .C. § 3148(b) .
Section 3148(b) furth er 	provid es 	that 	the 	Court "s hall e nter 	an order of
revocation a nd d ete ntion if, aft er a h ear ing , the judicial officer - (1) find s that th ere
is - (A) probabl e cau se to be liev e that t he pe rson has committed a Fed e ral , State , or
local cr im e whil e on rele as e; or (B) clear and convincing e vid ence that th e per s on has
violated a ny other condition of release; and (2) finds that - 	(A) ba se d 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 ass ur e that th e per son will not fl ee or pose a dang er to th e sa fety of
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any other person or the community; or (B) th e person is unlikely to abide by any
condition or combination of conditions of release." 18 U.S.C. § 3148(b)(l)-(2).
But Section 3148(b) further provides that, "[i]f the judicial officer finds that
there are conditions of release that will assure that the p ers on will not flee or pose a
danger to the safety of any other per son or the community, and that the person will
abide by s uch conditions, the judicial officer shall treat the person in accordance with
the provisions of sect ion 3142 of this title and may amend the conditions of release
accordingly." 18 U.S.C. § 3148; see also 18 U.S . C. § 3142(c)(3) ("The judicial officer
may at any time amend the order to impos e additional or differe nt conditions of
release.").
On January 5, 2026, Defe ndant 's supervising probation officer filed a Re port
of Violation of Conditions of Pr etr ial Releas e, in which she reported:
COMES NOW Veronica Salas, U.S. Probation Officer , presenting
a report to the Court upon the conduct of defendant, Billy Wayn e Farri s,
who was plac ed on pretrial release sup erv ision by the Honorable U.S .
Magistrate Judg e D av id L. Horan s itting in the Court at Dallas, Texas ,
on September 22, 2025, und er the following conditions:
You mu st not unlawfully po ssess a controlled s ubstanc e.
You mu st refrain from any unlawful us e of a controlled substance. You
mu st 	s ubmit 	to 	one 	drug 	test 	within 	15 	day s 	of 	release 	from
imprisonment 	and 	at 	l east 	two 	periodic 	drug 	tests 	thereafter, 	as
det er min ed by the court.
Participate in and attend inpatient substance abuse and mental
h ea lth treatment program at Soul's Harbor.
Th e und ersig ned h as information that the defe ndant has violated
s uch conditions in eac h of the following respects:
On S epte mb er 22, 2025, the defe ndant appeared before Your
Honor for a d ete ntion hearing and wa s released on conditions previou sly
impo sed by the 	Court pe nding hi s revocation h ear ing scheduled for
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November 13, 202 5, before the Honorable U.S . Di str i ct Jud ge, Jane J.
Boyle.
On November 24, 2025, the defe ndant left the inp at ie nt substance
a bu se 	and m e ntal h ea lth pro gra m , Soul's Harbor due to m eet ing a
wom a n , and stay ing with h er in a hot el room for severa l day s . He wa s
not allowed to return to Soul's Harbor for 30 day s.
On Janu ary 5, 2026, the defe nd a nt reported to the U.S. Probation
Office in Dalla s, Texas, and a dmitt ed or ally and in writing to using
methamphetamine 	on 	or 	a bout 	January 	2, 	2026. 	Additionally, 	th e
defendant advised that h e had adverse reactions a nd was hospitaliz ed
due to the methamphetamine he con s um ed, also had fentanyl.
Th e und ers ign ed sugge sts to the court that a warr ant be issued
for th e arrest of the defendant, a nd that a h eari ng be sch e dul ed for
co n si d eratio n of revocation of the 	defendant's conditions of pr et ri al
release .
Dkt. No. 63 (Case No. 3: 07-cr-31 3- B) ; Dkt. No . 56 (Case No. 3:07-cr-327-B).
Th e Court ordered that a s ummon s be i ss u ed and that De fendant appear before
t hi s Court to d ete rmin e whether hi s conditions of pr eh eari ng release should be
revoked.
Th e go v er nm e nt filed a Motion to Rev ok e Sup er vised Rel ease, in which it
asserte d that
the 	U nit ed 	Stat es 	of America 	requests 	that 	thi s 	Court 	revoke 	th e
s up erv ise d release of Billy Wayne Farris .
On or a bout September 22, 2025, Farri s wa s pl ace d on pr et rial
release pe ndin g his final revocation of s up erv ised release h ea ring which
is sch e dul ed for J a nu ary 22, 2026. Fa rris w as released on the following
t hr ee conditions of s up e rvi sed release :
1. Yo u must n ot unl aw fully possess a controlled s ub sta nce.
2. You mu st refrain from any unl a wful use of a controlled s ub sta nc e.
You 	mu st s ubmit 	to one 	drug test within 	15 da ys of release 	from
impri s onm e nt and at l east
two p er iodic drug tests thereafter, as determined by t he court.
3. Participate in and attend inpati e nt s ubstanc e abuse 	and mental
h ea lt h treatment pro gra m at Soul 's Harbor.
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On November 24, 2025 , the defendant left the inpatient substance
abuse and mental health program, Soul's Harbor, due to meeting a
woman and staying with her in a hotel room for several days. He was
not allowed to return to Soul's Harbor for 30 days .
On January 5, 2026, the defendant reported to the U.S. Probation
Office in Dallas , Texas, and admitted orally and in writing to using
methamphetamine 	on 	or 	about 	January 	2, 	2026. 	Additionally, 	the
de fendant advised that he had adverse reactions and was hospitalized
due to the methamphetamine he consumed, also had fentanyl.
The United States respectfully requests that this Court revoke
the 	defendant's 	supervised 	release, 	and 	that 	the 	Court 	order 	the
defendant to the custody of the Attorney General to serve a sentence as
determined by the Court.
Dkt. No. 65 at 1-2 (Case No. 3:07-cr-313-B); Dkt. No . 58 at 1-2 (Case No . 3:07-cr-327-
B).
On January 12, 2026, the Court held a hearing on the matter of possible
revocation, at which Defendant appeared in person on the summonses and through
counsel. The government appeared through an Assistant United States Attorney for
the Northern District of Texas.
The Court heard testimony from Probation Officer Salas 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 participate in and
attend inpatient substance abuse and mental health treatment program at Soul's
Harbor. Defendant left the Soul's Harbor program in late November 2025 and has
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not returned and th en , admittedly, obtained and us ed methamphetamine at the
begi nning of January 2026 .
Th e Court a ppr ec iate s that Defe ndant would now lik e to try to r et urn to Soul's
H arbor and continue working to maintain so bri ety . But th e Court finds that, bas ed
on Defe nd a nt' s conduct over the last month-and-a-half, Defe ndant is unlikely to abide
by a ny condition or combination of conditions of rel ease that the Court could set going
forward.
Based on the facts ex pl ai ned above , a nd th e Court's finding s ba sed on tho se
facts , the Co urt grants the government's motion to revoke pr eh ear ing release in e ach
case 	a nd 	ORDERS 	that, 	und er 	18 U.S.C. 	§ 3148(b), 	the 	Court's 	Order Se tting
Conditions of Rel ease in each case is VACATED a nd Defe ndant 's preh ear ing release
und er 18 U. S.C. § 3142 is revoked .
It is ORDERED that Defe ndant b e, a nd he is h ere b y, committed to th e custody
of the Attorney General and United States Marsh al pe nding furth er proceedings.
It is ORDERED that, while in the custody of th e Attorney General and the
U nit ed States Marshal, Defenda nt sh all be confined in a corrections facility se parate ,
to the extent p ract icabl e, from persons awaiting or se rving se nt enc es or be ing held in
custody pending ap p ea l.
It is ORDERED that Defe nd a nt , whil e be ing so held, be afforded rea so nabl e
opportunity for private consultation with counsel.
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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 12, 2026
DAVID L. HORAN
UNITED STATES MAGISTRATE JUDGE
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