United States District Court, D. Montana, Billings Division
FINDINGS AND RECOMMENDATION TO REVOKE SUPERVISED
Timothy J. Cavan United States Magistrate Judge
petition alleges that Defendant Isaiah Thomas Follet violated
a condition of his supervised release. United States District
Court Judge Susan Watters referred the matter to the
undersigned to conduct a final hearing and issue findings and
recommendations. (Doc. 97, citing 28 U.S.C. §
636(b)(1)(B) and Fed. R. Crim. P. 59(a)).
December 13, 2016, the Court conducted the revocation
hearing. Mr. Follet admitted the violation alleged in the
petition. As discussed below, it is recommended that Mr.
Follet's supervised release be revoked, and that the
Court sentence Mr. Follet to 9 months imprisonment, followed
by a lifetime term of supervised release.
2009, Mr. Follet pled guilty to the offense of Failure to
Register as a Sex Offender in violation of 18 U.S.C. §
2250(a). (Docs. 29, 32, & 33). On December 2, 2009, the
Court sentenced him to 60 months imprisonment, to be followed
by a lifetime term of supervised release. (Docs. 35, 36).
Follet's initial term of supervised release began on
December 20, 2013. (Doc. 70). In April 2014, Mr. Follet's
supervised release was revoked because he violated its
conditions by failing to follow the directions of his
probation officer, failing to report as directed, and failing
to appear for urinalysis testing. (Doc. 57). Judge Watters
sentenced Mr. Follet to 9 months of incarceration, followed
by a lifetime term of supervised release. Id.
Follet's next term of supervised release began on
December 26, 2014. (Doc. 60). In February 2015, Mr.
Follet's supervised release was revoked because he
violated its conditions by failing to follow the directions
of the probation officer, failing to register as a sex
offender, and failing to report to his probation officer
within 72 hours of release. Judge Watters sentenced Mr.
Follet to 9 months of incarceration, followed by a lifetime
term of supervised release. (Doc. 68).
Follet's third term of supervised release began on
November 6, 2015. (Doc. 70). In December 2015, Mr.
Follet's supervision was again revoked for failure to
report to the probation office within 72 hours of release,
and failure to register as a sex offender. Judge Watters
sentenced Mr. Follet to 9 months imprisonment, followed by a
lifetime term of supervised release. (Doc. 81).
Follet's current term of supervised release began on
August 18, 2016. (Doc. 84) On August 23, 2016, the United
States Probation Office filed the petition now at issue.
(Doc. 84). The petition alleges that Mr. Follet violated the
conditions of supervised release by failing to report to his
probation officer within 72 hours of his release from custody
in Lompoc, California on August 18, 2016, and that he had
been arrested in Santa Barbara, California on August 23,
2016. Id. Based on the petition, Judge Watters
issued a warrant for Mr. Follet's arrest. (Doc. 85).
Follet made an initial appearance on the petition before
United States Magistrate Judge Carolyn Ostby on October 31,
2016. (Doc. 89). Mr. Follet, represented by counsel, stated
that he had read the petition and waived a preliminary
hearing. Id. Judge Ostby set the final revocation
hearing for November 15, 2016, whereupon Mr. Follet was
remanded to the custody of the United States Marshal Service
pending the revocation hearing. Id. Following two
continuances of the hearing, the matter was referred to the
undersigned for a final revocation hearing on December 13,
2016, at 2:00 p.m. (Docs. 97, 98).
Follet appeared at the revocation hearing represented by
David Merchant of the Federal Defenders of Montana. Assistant
United States Attorney Brendan McCarthy represented the
United States. The undersigned explained the Findings and
Recommendations procedure to Mr. Follet, including his right
to appear before Judge Watters, and the necessity of properly
objecting to the Findings and Recommendations in order to
preserve that right. After consenting to proceed, Defendant
admitted the violation alleged in the petition.
undersigned accepted the admission and proceeded to
sentencing issues. The undersigned calculated that Mr.
Follet's violation grade is Grade C, his criminal history
category is I, and the underlying offense is a Class C
felony. Under those circumstances, the maximum sentence is 24
months incarceration, and the United States Sentencing
Guidelines call for 3-9 months incarceration. Mr. Follet also
could be sentenced to as much as a lifetime period of
supervised release. Mr. McCarthy and Mr. Merchant agreed with
Merchant requested a sentence of time served or, in the
alternative, a sentence less than the maximum guideline
range. Mr. Merchant argued that Mr. Follet has not been out
of custody long enough to establish himself in the community.
Mr. Merchant specifically noted that Mr. Follet would benefit
from a sexual offender treatment program, and suggested
Montana's “Watch Program” as a viable option.
Ultimately, Mr. Merchant argued that incarceration has not
worked for Mr. Follet in the past and that further
incarceration likely would not be any more efficacious;
accordingly, Mr. Merchant requested an alternative sentence
that would include a component of sexual offender treatment.
Mr. Merchant ...