United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston, United States Magistrate Judge
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
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,
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.)
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.
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.
Appel admitted that he violated the conditions of his
supervised release. The violations are serious and warrant
revocation of his supervised release.
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.
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 ...