United States v. Hogg
| Decision Date | 16 May 2022 |
| Docket Number | CRIMINAL 13-20809-1 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. FRANK HOGG, Defendant. |
| Court | U.S. District Court — Eastern District of Michigan |
OPINION FINDING DEFENDANT TO HAVE VIOLATED THE CONDITIONS OF SUPERVISED RELEASE
On May 10 and 11, 2022, this Court held a supervised release violation hearing in this matter. As set forth below, the Court concludes that the Government has established, by a preponderance of the evidence, that Defendant committed “Grade A” violations of supervised release.
On February 18, 2015, Defendant pleaded guilty pursuant to a Rule 11 plea agreement to one count of conspiracy to distribute over 28 grams of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(iii) and 846. On July 8, 2015, this Court sentenced Defendant to a term of imprisonment of 90 months, followed by a supervised release term of 36 months. (ECF No. 71.) Defendant was released from prison on May 20, 2019 (see ECF No. 93 at Pg ID 444), but he violated the terms of his supervised release by engaging in the distribution of controlled substances on July 30, 2019 (id. at Pg ID 445).
After Defendant admitted his guilt to the supervised release violation, this Court revoked his probation and sentenced him to 30 months' incarceration, to be served concurrently to any sentence imposed for the underlying offense. (ECF No 100.) Defendant thereafter pleaded guilty in state court and was sentenced to a term of imprisonment of 365 days, which he began serving on August 10, 2020. (See ECF No 107-1.)
Defendant thereafter filed a motion in this matter, requesting compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECF Nos. 102, 105.) The Court granted Defendant's request in an opinion and order entered February 16, 2021, and sentenced him to time served. (ECF No 115.) The Court imposed a supervised release term of one year, ordered Defendant to reside at his mother's residence in Flint, Michigan, and imposed the same conditions of release imposed when the Court originally sentenced Defendant. (Id. at Pg ID 687.) These conditions included that Defendant “not commit another federal, state or local crime” and that he “not unlawfully possess a controlled substance.” (ECF No. 71 at Pg ID 327.)
On January 7, 2022, Defendant's probation officer, Courtney M. Wilson, filed a report and petition for summons indicating that Defendant had violated several conditions of his supervised release. (ECF No. 116.) Specifically, the report indicated that Defendant violated the mandatory condition that he not commit another federal, state, or local crime. (Id. at Pg ID 690-91.) According to the report, Defendant was arrested on November 5, 2021, following an investigation of Defendant for selling crack and powder cocaine by officers working for the Flint Area Narcotics Group (FANG). (Id.) The search of a residence located at 3049 Kleinpell in Burton, Michigan, on the date of Defendant's arrest, uncovered a firearm, ammunition, narcotics, approximately $19, 000 in cash, and materials used to cut, weigh, and package narcotics for distribution. (Id.) The residence was rented in Defendant's name. (Id.) On January 7, 2022, this Court issued the requested summons. (Id. at Pg ID 691.)
The parties appeared before Magistrate Judge Curtis Ivy, Jr. on January 18, 2022, at which time Defendant confirmed that he received written notice of the alleged supervised release violations and that he had retained counsel. The magistrate judge released Defendant on bond. Thereafter, a supervised release hearing was scheduled and, after several stipulations, was continued to May 10, 2022. As indicated, the Court held a supervised release hearing on May 10 and 11.
At the hearing, the Government called as witnesses Michigan State Police Officer Albert West and Probation Officer Wilson. The Government introduced as exhibits several photographs taken during the execution of the search warrant on November 5, 2021 (Exhibits 2-10, 12, 13), and the laboratory report analyzing the drugs seized during the execution of the search warrant (Exhibit 11). Defendant called one witness, Tilisa Scroggins, and introduced one photograph from the residence as an exhibit (Exhibit A).
Having heard and observed the witnesses who testified at the hearing, allowing for this Court to assess credibility, having considered the exhibits submitted by the parties, having considered counsel's arguments, and having applied the governing legal principles, the Court makes the following findings of fact and conclusions of law.
On November 5, 2021, Trooper West was employed by the Michigan State Police and assigned to FANG. In the last six years, he has conducted hundreds of narcotics investigations as a police officer. Prior to November 5, Trooper West was involved in an investigation of Defendant, who police suspected of selling powder and crack cocaine. Trooper West identified Defendant at the hearing.
During the investigation, Trooper West observed Defendant and a vehicle registered in Defendant's name (a Chrysler 300) on numerous occasions and at various times of day at a residence located at 3049 Kleinpell in Burton, Michigan.
A search warrant was secured for the residence and executed by Trooper West and a team of officers at approximately 7:00 a.m. on November 5, 2021.
When the officers entered the residence, two individuals were located in the living room just inside the front door. (See Govt.'s Ex. 3.) One of the individuals Javar Beason, was on the couch perpendicular to the front door. Equan Bracy was on the other couch. Officers found a 9 mm Rugar pistol underneath a cushion of the couch where Beason was located. (Govt.'s Exs. 12, 13.) Beason had hydrocodone pills inside one of his shoes. The officers found crack cocaine on Bracy.
Defendant was found in the bedroom immediately southwest of the home's front door, in which there was a bed on the floor and a dresser. (Govt.'s Ex. 4.). There was another bedroom inside the residence but the southwest bedroom was the only one that appeared occupied.
Inside the southwest bedroom, the officers found a cell phone, documentation for Defendant's supervised release from prison, a gun case containing Rugar ammunition for a 9 mm pistol, and a wallet containing Defendant's identification. (See Govt.'s Ex. 8.) As shown in a photograph taken during the search warrant's execution, the gun case was found between the head of the bed and the dresser. (See Govt.'s Ex. 4.) Men's clothing and footwear were in the bedroom, as well. (See id.) Roughly $900 in cash was recovered from Defendant's person. The officers also found $4, 000 in cash in a safe under the home's stairwell and $12, 000 in cash above the stairwell.
Inside cabinets in the residence's kitchen, the officers found multiple types of narcotics (cocaine, fentanyl, and crystal methamphetamine). (See Govt.'s Exs. 2, 6, 7.) In the kitchen, the officers also found materials commonly used in drug dealing, including plastic baggies, a digital scale, vinyl gloves, and cutting agents (boric acid and creatine). (Id.) Laboratory analysis of the substances recovered from the kitchen detected 205.40 grams of cocaine, 14.57 grams of fentanyl, and 21.40 grams of methamphetamine. (Govt.'s Ex. 11.)
A pair of crutches was inside the kitchen. (See Govt.'s Ex. 5.) Trooper West surmised that the crutches belonged to Beason, who informed the officers that he had a leg injury.
The second bedroom inside the residence was unfurnished. Only an open, carry-on sized suitcase filled with clothing and a few apparel items, all of which were on the floor, appear in the photograph of this room, which an officer took during the search warrant's execution. (Id.) The officers did not determine who owned those items. Trooper West found no indication that the room was being used as a bedroom by anyone. There were no beds in the residence aside from the one in the southwest bedroom that appeared to be occupied by Defendant.
Two vehicles were parked at the residence when the officers executed the search warrant: the Chrysler 300 registered in Defendant's name and a Pontiac Grand Prix registered to Bracy. In Defendant's vehicle, the officers found a lease agreement between Defendant and Landlord Solutions, Inc. for 3049 Kleinpell, dated September 21, 2021. (Govt.'s Ex. 9.) Defendant was the only occupant listed on the lease agreement. (Id.) Also inside the vehicle was a document reflecting Defendant's payment of $850 cash to Landlord Solutions on September 29 for the first month's rent for the residence. (Govt.'s Ex. 10.) An unspecified quantity of crack cocaine was recovered from Bracy's vehicle.
Text messages on the cellphone found in the southwest bedroom and traced to Defendant were reviewed by the officers. (See Govt.'s Ex. 1.) Trooper West testified that, based on his experience in narcotics investigations, messages between Defendant and other individuals downloaded from the cellphone reflected that Defendant was distributing narcotics.
According to Probation Officer Wilson, Defendant's registered address was on Colban Street in Flint, and he was never told that Defendant signed a lease elsewhere. Defendant did not have a job that was verifiable through a paystub between September and November 2021.
Tilisa Scroggins, who shares a child with Defendant, testified that she had been to 3049 Kleinpell maybe two times and had spent the night there with Defendant. Scroggins testified, however, that the house belonged to Defendant's cousin, Santino Gatewood, and that Gatewood lived there. When Scroggins needed a place to...
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