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United States v. Appel

United States District Court, D. Montana, Great Falls Division

November 16, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
BEAVER FRANK APPEL, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Appel of violating his conditions of supervised release by using methamphetamine and failing to report to his probation officer. His supervised release should be revoked, and he should be sentenced to four months in custody, with fifty-six months of supervised release to follow to include a period of treatment at Connections Corrections.

         II. Status

         On November 27, 2012, Mr. Appel pleaded guilty to Failure to Register as a Sex Offender. On February 20, 2013, Chief United States Judge for the District of Montana Dana L. Christensen sentenced Mr. Appel to fifteen months in custody, followed by sixty months of supervised release. (Doc. 32.) His current term of supervised release began on November 15, 2013.

         Petition

         On November 10, 2016, the United States Probation Office filed a petition asking the Court to revoke Mr. Appel's supervised release. (Doc. 35.) The Probation Office accused him of violating his conditions of supervised release by using methamphetamine and failing to report to his probation officer. (Id.) Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Appel's arrest. (Doc. 36.)

         Initial appearance

         On November 15, 2016, Mr. Appel appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Hank Branom accompanied him at the initial appearance. Assistant United States Attorney Jessica Betley represented the United States.

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

         Revocation hearing

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

         Mr. Old Chief's violation grade is Grade C, his criminal history category is II, his underlying offenses is a Class C felony. He could be incarcerated for up to twenty-four months. He could be ordered to remain on supervised release for sixty months, less any custody time imposed. The United States Sentencing Guidelines call for four to ten months in custody.

         Mr. Branom recommended a sentence in the low-end of the guideline range, with supervised release to follow to include inpatient drug treatment. Ms. Betley agreed with Mr. Branom's recommendation. Mr. Appel exercised his right of allocution stating his dad is dying of cancer and that he has been trying to take care of him, which ...


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