FINDINGS AND RECOMMENDATION TO REVOKED DEFENDANT'S SUPERVISED RELEASE
KEITS STRONG, Magistrate Judge.
Mr. Todd was accused of violating the conditions of his supervised release by consuming alcohol, failing to complete a mental health treatment program, and failing to notify his probation officer of contact with law enforcement. He admitted the violations. Mr. Todd's supervised release should be revoked. He should be ordered to serve 11 months, with 49 months supervised release to follow. The District Court should recommend that the Bureau of Prisons provide Mr. Todd with mental health treatment.
Mr. Todd plead guilty in 2001 to Aggravated Sexual Abuse of a Minor. CD 31. The offense consisted of Mr. Todd sexually abusing a 7-year-old child while intoxicated. He was sentenced to 168 months imprisonment, with five years supervised release to follow. CD 39. Mr. Todd signed the terms of his supervised release on September 11, 2012. CD 52. In February 2013, Mr. Todd's probation officer, Wade Riden, arranged inpatient chemical dependency treatment for Mr. Todd. However, Mr. Todd was never admitted because his mental health de-stabilized before an opening became available. CD 52. In April 2013, Mr. Riden met with Mr. Todd to discuss alleged non-compliance with supervised release conditions. Mr. Todd was allowed to move in with his brother, who would help Mr. Todd get to appointments. CD 52. Mr. Riden warned Mr. Todd that future non-compliance would prompt a petition for revocation. CD 52.
The United States Probation Office petitioned the court on September 24, 2013, to revoke Mr. Todd's supervised release. The petition alleged that Mr. Todd violated three conditions of his supervised release. It alleged he: 1) violated Special Condition #1 by drinking a large amount of alcohol on August 9 and 10, 2013; 2) violated Special Condition #4 by failing to complete sex offender therapy, as Mr. Todd was terminated from the program on September 5, 2013 for non-attendance and alcohol use; 3) violated Standard Condition #11 by failing to notify his probation officer within 72 hours that he was arrested on September 5, 2013 on suspicion of driving under the influence of alcohol. CD 52. Based on the petition, the undersigned issued a warrant for Mr. Todd's arrest. CD 53.
Mr. Todd was arrested on September 24, 2013. CD 54. He made an initial appearance before the undersigned the same day. CD 57. He was represented by Federal Defender Henry Branom, but Federal Defender Anthony Gallagher was appointed as Mr. Todd's attorney for future proceedings. Assistant United States Attorney Ryan Weldon represented the United States.
Mr. Todd said he had read the petition and understood the allegations. Mr. Weldon stated that Mr. Todd could be incarcerated for up to 60 months if his supervised release is revoked. Mr. Branom agreed. CD 57.
The undersigned discussed the Findings and Recommendations procedure, explaining that a revocation hearing would be held and a recommendation submitted to United States District Judge Dana L. Christensen. Mr. Todd was instructed that Judge Christensen will determine whether to revoke his supervised release and, if so, what sanction to impose. Mr. Todd was advised of his right to object to the recommendation before Judge Christensen makes those determinations. CD 57.
Mr. Todd waived his right to a preliminary hearing. A revocation hearing was scheduled for September 30, 2013. Mr. Todd was ordered detained pending the hearing. CD 57.
Mr. Todd appeared at the revocation hearing before the undersigned on September 30, represented by Mr. Gallagher. Mr. ...