USA v. Farris

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UN ITED STATES OF AMERICA
V.
BILLY WAYNE FARRIS,
Defe nd a nt.
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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
Defe nd a nt Billy Wayne Farris is facing a final s up erv ised release revocation
h ear ing , c urr ent ly sche dul ed for Janu ary 22, 2026 before Senior Di str ict Judg e Jan e
J. Boyle.
On September 22, 	2025, 	the 	und ers ign ed United Stat es magistrate judg e
co n s id ere d 	re l eas in g 	Defe ndant 	pending 	the 	final 	h ear ing 	und er 	18 	U.S .C. 	§
3143(a)( l ), which di rects that "t he judi cial officer sh all order that a p erson who ha s
been found 	g uil ty of a n offense 	a nd who is awaiting imposition or exec ution of
se nt ence, 	other 	than 	a 	p erso n 	for 	whom 	the 	a ppli ca bl e 	guideline 	promulgated
pur s uant to 28 U.S.C. 994 do es not recommend a term of impri so nm e nt , be d eta ined ,
unl ess t he judi cial officer finds by clear and convincing ev id ence that the p erso n is
n ot lik ely to flee or pose a da n ger to the sa f ety of a ny other person or the comm unit y
if released und er sect ion 3142(b) or (c). If th e judicial officer m ak es s uch a finding ,
s uch judicial officer s hall order the release of th e p erso n in accordance with sec tion
3142(b) or (c)."
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In 	accordance with 	18 U.S.C. 	§ 3143(a)(l) 	and 	Federal Rule 	of Criminal
Procedure 32. l(a)(G), the Court released Defendant under 18 U .S. C. § 3142(c) pending
the final hearing subject to an Order Setting Conditions of Release. See Dkt. No. 56
(Case No. 3:07-cr-313-B); Dkt . No. 48 (Case No. 3:07-cr-327-B).
Having been released on such conditions , "[a] person who has been released
under se ction 3142 of this title , and who has violated a condition of his 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 	attorney 	for 	the 	Government 	may 	initiate 	a 	proceeding 	for
revocation of an order of release by filing a motion with the district court.
A judicial officer may issue a warrant for the arrest of a person charged
with violating a condition of release, and the person shall be brought
before a judicial officer in the district in which such person's arrest was
ord e red for a proceeding in accordance with this section. To the extent
practicable, a person charged with violating the condition of release that
such person not commit a Federal , State, or local crime during the period
of release, shall be brought before the judicial officer who ordered the
release and whose order is alleged to have been violated .
18 U.S.C. § 3148(b).
Se ction 	3148(b) 	further 	provides 	that 	the 	Court "shall enter 	an order of
revocation and detention if, after a hearing, the judicial officer - (1) finds that there
is - (A) probable cause to believe that the person has committed a Federal, State, or
local crim e while on release; or (B) clear and convincing evidence that the person has
violated any other condition of release; and (2) finds that - (A) based on the factors
set forth in [18 U.S.C. § 3142(g)] , there is no condition or combination of conditions of
releas e that will assure that the person will not flee or pose a danger to the safety of
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any other per s on or the community; or (B) the person is unlikely to abide by any
condition or combination of conditions of release ." 18 U .S.C. § 3148(b)(l) -(2).
But Sec tion 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
danger to the safety of any other per s on or the community, and that the person will
abide by s uch conditions, the judicial officer shall treat the person in accordance with
the provi s ions of sec tion 3142 of this title and may amend the conditions of release
acco rdin gly." 18 U.S.C. § 3148; see also 18 U.S . C. § 3142(c)(3) ("The judicial officer
may at any time a mend the order to impose additional or different conditions of
release.").
On Januar y 5, 2026 , Defendant' s supervising probation officer filed a Report
of Violation of Conditions of Pr e trial Release, in which she reported:
COMES NOW Veronica Salas , U.S. Probation Officer, presenting
a report to th e Court upon th e conduct of defendant, Billy Wayne Farris,
who was plac ed on pr e trial re lease s upervision by the Honorable U . S.
Magistrate Judg e David L. Horan s itting in the Court at Dallas , Texas ,
on September 22, 2025, under the following conditions :
You must not unlawfully poss ess a controlled substance .
You mu st r efra in from any unlawful use of a controlled s ubstanc e. You
mu st 	submit 	to 	one 	drug 	test 	within 	15 	day s 	of 	r e lea se 	from
impri s onm e nt 	and 	at 	lea st 	two 	periodic 	drug 	tests 	thereafter, 	as
d eter mined by the court.
Participate in a nd attend inpatient substance abuse and mental
h ea lth treatment program at Soul's Harbor.
Th e undersign ed has information that th e defenda nt has violated
s uch conditions in each of the following respects:
On September 22, 	2025, 	th e de fendant 	appeared before Your
Honor for a d ete ntion hearing and was released on conditions previously
imposed by the 	Court pe nding his re vocation hearing scheduled for
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November 13, 2025, before th e Honorabl e U.S. Di str ict Judg e, Jan e J .
Boyle.
On November 24, 2025, the defe ndant l eft the inp at ie nt s ub sta nce
ab use 	a nd me nt al h ea lth pro gra m, Soul's H ar bor du e to m eet ing a
woman, a nd stay in g with h er in a hot el room for severa l da ys. 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 Dallas , Texas, and a dmitt ed orally and in writing to u si ng
m et h a mph eta min e 	on 	or 	about J a nuary 	2, 	2026. 	Additionally, 	the
d efen da nt advised that h e had adverse reactions a nd was hos pi ta lized
du e to the m et h a mph eta min e h e co ns um ed, also h a d fentanyl.
Th e und ers ign ed s ugg ests to the court that a warrant be i ss ued
for th e arrest of the de fendant, and that a h eari n g be sche dul ed for
cons id erat ion of revocation of the 	defe ndant 's conditions of pretrial
release.
Dkt. No. 63 (Case No. 3:07-cr-313-B) ; Dkt . No. 56 (Case No. 3:07-cr-327-B).
The Court ordered that a s ummon s be issued and that Defe ndant appear before
this Court to de termin e wh et h er hi s conditions of pr eh ear ing rel ease sh o uld be
revoked.
Th e gover nm e nt filed a Motion to Revoke Sup ervised Rel ease, in which it
asserted th at
the 	U nit ed 	St ates 	of Am er ica 	requests 	that 	this 	Court 	revoke 	the
sup ervise d release of Billy Wayne Farris.
On or a bout Se pt e mber 22, 2025, Farri s was placed on pr etr ial
release pe nding hi s final revocation of s up e rvi sed release h ea ring which
is sch e dul ed for J a nuary 22, 2026. Farris was rel ease d on th e following
three conditions of s up erv ised release:
1. You mu st n ot unl aw fully po ssess a co ntroll ed s ub sta nce.
2. You mu st refrain from any unl aw ful use of a controlled sub sta nce.
You 	mu st s ubmit 	to one 	dru g test within 	15 d ays of rele ase 	from
imprisonment and at l eas t
two periodic drug tests th ereafter, as determined by the court.
3. Participate in a nd attend inpatient s ub sta nce 	a bu se and m e ntal
h ea lth treatment p rogram 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
defendant 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 then, admittedly, obtained and used methamphetamine at the
beginning of January 2026.
The Court appreciates that Defendant would now like to try to return to Soul's
Harbor and continue working to maintain sobriety. But the Court finds that, based
on Defe ndant's conduct over the last month -and-a-half, Defendant is unlikely to abide
by any condition or combination of conditions of release that the Court could set going
forward.
Ba sed on the facts explained above, and the Court's findings based on those
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 Rel ease in each case is VACATED and De fendant's prehearing release
und er 18 U.S.C . § 3142 is revoked.
It is ORDERED that Defendant b e, and h e is h ereby, committed to the custody
of the Attorney General and United Stat es Marshal pe nding 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 Defe ndant , while being so held , be afforded reasonable
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
Mar s hal 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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