USA v. Potts et al

REPORT AND RECOMMENDATION – Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
UNITED STATES OF AMERICA
v.
DE’NARD OLIVER WHITFIELD, JR. (2)
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§
§
§
§
CRIMINAL ACTION NO. 4:18-CR-00166-
ALM-AGD
REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Now before the court is the request for revocation of Defendant De’nard Oliver Whitfield,
Jr.’s (“Defendant”) supervised release. After the District Judge referred the matter to this court for
a report and recommendation, the court conducted a hearing on December 3, 2025, to determine
whether Defendant violated his supervised release. Defendant was represented by Brian O’Shea.
The Government was represented by Matt Johnson.
Defendant was sentenced on May 9, 2019, before The Honorable Marcia A. Crone of the
Eastern District of Texas after pleading guilty to Count 1: 21 U.S.C. § 846, 21 U.S.C.
§ 841(b)(1)(C) Conspiracy to Possess with the Intent to Distribute Cocaine, a Class C felony and
Count 2: 18 U.S.C. § 924(c), 18 U.S.C. § 924(c)(1)(A)(i) Possession of a Firearm in Furtherance
of a Drug Trafficking Crime, a Class A felony. Count 1 carried a statutory maximum imprisonment
term of 20 years and Count 2 carried a statutory maximum imprisonment term of Life. The
guideline imprisonment range, based on a total offense level of 12 and a criminal history category
of V, for Count 1 was 27 to 33 months, and the guideline imprisonment range for Count 2 was 60
months, consecutive to all other Counts. Defendant was subsequently sentenced to 87 months
imprisonment which consists of 27 months on Count 1, and 60 months on Count 2, to run
consecutively to Count 1, followed by a 3-year term of supervised release as to Count 1 and a 5-
year term of supervised release as to Count 2, to be served concurrently subject to the standard
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conditions of release, plus special conditions to include financial disclosure, substance abuse
testing and treatment, and a $100 special assessment. On October 23, 2024, Defendant completed
his period of imprisonment and began service of the supervision term in the Eastern District of
Texas. On July 17, 2024, the case was reassigned to The Honorable Amos L. Mazzant, III, Chief
U.S. District Judge for the Eastern District of Texas.
On November 24, 2025, the United States Probation Officer executed a First Amended
Petition for Warrant or Summons for Offender Under Supervision (Dkt. #90, Sealed). The First
Amended Petition asserts that Defendant violated five (5) conditions of supervision, as follows:
(1) Mandatory Condition Defendant must not commit another federal, state, or local crime;
(2) Mandatory Condition Defendant must not unlawfully possess a controlled substance; (3)
Mandatory Condition Defendant must refrain from any unlawful use of a controlled substance; (4)
Special Condition Defendant must participate in a program of testing and treatment for substance
abuse and follow the rules and regulations of that program until discharged. The probation officer,
in consultation with the treatment provider, will supervise Defendant’s participation in the
program; and (5) Standard Condition Defendant must not communicate or interact with someone
he knows is engaged in criminal activity. If Defendant knows someone has been convicted of a
felony, he must not knowingly communicate or interact with that person without first getting the
permission of the probation officer. (Dkt. #90 at pp. 1–4, Sealed).
The First Amended Petition alleges that Defendant committed the following acts: (1) & (2)
According to the Denison, Texas Police Department Offense Report, on June 7, 2025, in Grayson
County, Texas, Defendant was a passenger in a vehicle that was stopped for failing to signal a turn.
During the traffic stop, the police officer smelled marijuana coming from inside the vehicle.
Defendant was not wearing a seat belt and initially refused to identify himself; however, Defendant
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later provided his identity. The officer searched the vehicle and found marijuana and cocaine in
the vehicle. The location of the cocaine led the officer to believe it belonged to Defendant. The
officer asked Defendant a few times who the cocaine belonged to. Defendant replied the cocaine
belonged to him. Defendant was arrested for the outstanding supervised release warrant and the
new 3rd Degree felony offense of Possession of a Controlled Substance More Than One Gram but
Less Than Four Grams. The case was filed on August 6, 2025, under Docket No. 079196 in the
Grayson County 59th Judicial District Court. Defendant remains in custody, and his next court
date was set for December 17, 2025; (3) On October 24, 2024, Defendant submitted a urine
specimen at the United States Probation Office in Plano, Texas. The specimen tested positive for
marijuana. Defendant verbally admitted to using marijuana when he was in the Bureau of Prisons
prior to release. The specimen was confirmed positive by the national testing laboratory. On
November 6, 2024, Defendant submitted a urine specimen at the United States Probation Office.
The specimen tested positive for marijuana. The specimen was confirmed positive by the national
testing laboratory. An interpretation report from the national lab revealed new use between the
specimen on October 24, 2024, and the specimen on November 6, 2024. On November 22, 2024,
Defendant submitted a urine specimen at the United States Probation Office. The specimen tested
positive for marijuana. The specimen was confirmed positive by the national testing laboratory,
and it was determined the specimen was diluted. An interpretation report from the national lab
determined new use occurred between the specimen on November 6, 2024, and the specimen on
November 22, 2024. On December 3, 2024, Defendant submitted a urine specimen at the United
States Probation Office. The specimen tested positive for marijuana but was not sent to the national
laboratory because Defendant admitted in writing to smoking marijuana approximately two weeks
prior to submission. On February 5, 2025, Defendant submitted a urine specimen at the United
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States Probation Office. The specimen tested positive for marijuana and cocaine. The specimen
was confirmed positive by the national testing laboratory, and it was determined the specimen was
diluted; (4) As part of the random testing program, on March 6, 2025, Defendant failed to report
to the United States Probation Office to submit a urine specimen; and (5) on June 7, 2025,
Defendant was interacting with someone who was engaged in criminal activity, by smoking and
possessing marijuana. (Dkt. #90 at pp. 1–4, Sealed).
Prior to the Government putting on its case at the final revocation hearing, Defendant
entered a plea of true to allegations 3 and 4 in the First Amended Petition. Having considered the
First Amended Petition and the plea of true to allegations 3 and 4, the court finds that Defendant
did violate his conditions of supervised release. The Government moved to dismiss allegations 1,
2, and 5 in the First Amended Petition.
Defendant waived his right to allocute before the District Judge and his right to object to
the report and recommendation of this court.
RECOMMENDATION
Pursuant to the Sentencing Reform Act of 1984, the court recommends that Defendant’s
supervised release be revoked and that he be committed to the custody of the Bureau of Prisons to
be imprisoned for an additional term of eighteen (18) months as to Counts 1 and 2, to be served
concurrently to each other and to be served consecutively to any term imposed in the state case,
Docket No. 079196 in the Grayson County 59th Judicial District, with a thirty (30) month term of
supervised release on each count to be served concurrently to follow.
The court further recommends that allegations 1, 2, and 5 of the First Amended Petition be
dismissed.
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The court further recommends that all prior conditions imposed in the original judgment
be reimposed.
The court finally recommends that Defendant be housed in a Bureau of Prisons facility in
either Seagoville, Texas or Fort Worth, Texas, if appropriate.
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