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United States v. Gobert

United States District Court, Ninth Circuit

November 25, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL RAY GOBERT, Defendant.

FINDINGS AND RECOMMENDATION TO REVOKE DEFENDANT'S SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Gobert was charged with violating his supervised release conditions by consuming alcohol. He admitted to the violation. Mr. Gobert's supervised release should be revoked. He should be incarcerated for 9 months, with no supervised release to follow.

II. Status

Mr. Gobert plead guilty in 2011 to Distribution of Methamphetamine. Doc. 20. He was sentenced to 12 months in prison, with three years supervised release to follow. Doc. 25. He began the supervision period in September 2012. Doc. 40. Mr. Gobert's supervised release was revoked in January 2013 for consuming alcohol and methamphetamine. Docs. 29, 38. He was ordered into custody for nine months, with 27 months supervised release to follow. Doc. 38. Mr. Gobert's current supervised release period began September 12, 2013. Doc. 40.

Petition

The United States Probation Office filed a petition on November 19, 2013, requesting revocation of Mr. Gobert's supervised release. The petition alleged that Mr. Gobert had violated Special Condition 4 of his supervised release by consuming alcohol on November 18, 2013, when he was arrested on suspicion of operating a vehicle under the influence of alcohol. Doc. 40. Based on the petition, the undersigned issued a warrant for Mr. Gobert's arrest. Doc. 41.

Initial appearance

Mr. Gobert was arrested on November 20, 2013. He appeared before the undersigned on November 21. Mr. Gobert was accompanied by Federal Defender Anthony Gallagher, who was appointed as counsel. The United States was represented by Assistant United States Attorney Jessica Betley. Mr. Gobert said he had read the petition and understood the allegations. Ms. Betley warned Mr. Gobert that he could be incarcerated for up to 24 months if his supervised release is revoked. He waived his right to a preliminary hearing. Doc. 42.

The undersigned informed Mr. Gobert that a revocation hearing would be held, and based on that hearing a recommendation would be made to United States District Judge Dana Christensen, who will decide whether to revoke his supervised release and, if appropriate, impose a sanction. Mr. Gallagher said he and Mr. Gobert were prepared to proceed immediately to the revocation hearing, so it commenced. Doc. 42.

Revocation hearing

Mr. Gobert was present at the revocation hearing with Mr. Gallagher. Ms. Betley represented the United States. Mr. Gobert admitted to violating his conditions of supervised release, as alleged in the petition (but not to any other alleged violation of law).

The undersigned believes Mr. Gobert's admission establishes a violation, and that the violation merits revocation of his supervised release. Mr. Gobert's violation grade is C, his criminal history category is 1, and the underlying violation is a Class C felony. He could be incarcerated for up to 15 months. The United States Sentencing Guidelines call for 3 to 9 months imprisonment. U.S. Guidelines Manual, Ch. 7. Mr. Gobert could be ordered to remain on supervised release for up to 27 months, less any custodial time imposed. Mr. Gallagher and Ms. Betley agreed with that statement of potential penalties.

Mr. Gallagher requested a sanction of incarceration within the guideline range and no additional supervised release. Mr. Gallagher said Mr. Gobert had initially done well on supervised release while living in Great Falls, Montana. However, he moved to Browning, Montana, where he encountered greater temptation. Mr. Gallagher said that Mr. Gobert intends to remain in Great Falls after any custodial sanction that may be imposed. Mr. Gallagher said a guideline penalty sufficiently punishes Mr. Gobert's breach of the court's ...


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