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United States v. Frederick

United States District Court, D. Montana

April 24, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
BRIAN KARL FREDERICK, JR., Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

JOHN JOHNSTON, Magistrate Judge.

I. Synopsis

Mr. Frederick was accused of violating his conditions of supervised release by failing to report to the United States Probation Officer as directed, failing to refrain from the use of controlled substances, and failing to abstain from the consumption of alcohol. He admitted to the violations. Mr. Frederick's supervised release should be revoked. He should be placed in custody for eight months, with 18 months of supervised release to follow. Should Mr. Frederick successfully complete substance abuse treatment as recommended by his probation officer in compliance with Special Condition 5, the Court should consider reducing the term of his supervised release.

II. Status

In November 2012, Mr. Frederick pleaded guilty to the offense of Failure to Register as a Sex Offender. Doc. 25. He was sentenced to 20 months of incarceration, with 60 months of supervised release to follow. Doc. 35. Mr. Frederick's term of supervised release began on March 18, 2014. Doc. 39.

Petition

On April 8, 2015, the United States Probation Office filed a petition asking the Court to revoke Mr. Frederick's supervised release. In the petition, the Probation Office accused Mr. Frederick of violating Standard Condition 2 of his supervised release by failing to report as directed to the probation officer. The Probation Office also accused Mr. Frederick of violating Standard Condition 7 of his supervised release by failing refrain from the use of controlled substances. The Probation Office alleges Mr. Frederick violated Special Condition 1 of his supervised release by failing to abstain from the consumption of alcohol. Doc. 39. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Frederick's arrest. Doc. 40.

Initial appearance

Mr. Frederick appeared before the undersigned on April 13, 2015, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Bryan Dake represented the United States.

Mr. Frederick said he had read the petition and understood the allegations. Mr. Frederick waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

Revocation hearing

On April 23, 2015, Mr. Frederick appeared with Mr. Arvanetes before the undersigned for a revocation hearing. Assistant United States Attorney Laura Weiss appeared on behalf of the United States.

Mr. Frederick admitted that he violated the conditions of his supervised release. The violations are serious and warrant revocation of Mr. Frederick's supervised release.

Mr. Frederick's violation grade is Grade C, his criminal history category is VI, and his underlying offense is a Class C felony. He could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The ...


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