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United States v. Demarce

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

February 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PAIGE LARANN DEMARCE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnson United States Magistrate Judge

         I. Synopsis

         The United States accused Ms. Demarce of violating her conditions of supervised release by (1) failing to report for substance abuse testing, (2) failing to report for substance abuse treatment, (3) submitting a diluted urine sample, and (4) failing to make payments towards her court ordered restitution. She admitted to the violations. Her supervised release should be revoked. She should be sentenced to three months in custody, with thirty-three months of supervised release to follow.

         II. Status

         Mr. Snell pleaded guilty to Aggravated Identity Theft on February 8, 2016. (Doc. 36.) United States District Judge Brian Morris sentenced her to seven days in custody, with thirty-six months of supervised release to follow on December 5, 2014. (Doc. 59.) She began her current term of supervised release on July 5, 2016.

         The United States Probation Office filed a Report on Offender Under Supervision on September 25, 2016, notifying the Court that Ms. Demarce failed to comply with substance abuse testing and treatment and used a prohibited substance on two occasions. (Doc. 82.) The Court allowed her to continue her supervised release.

         Petition

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on January 9, 2017, alleging that Mr. Demarce violated the terms of her supervised release by (1) failing to report for substance abuse testing, (2) failing to report for substance abuse treatment, (3)submitting a diluted urine sample, and (4) failing to make payments towards her court ordered restitution. (Doc. 84.) Judge Morris issued a warrant for her arrest based on the allegations in the Petition. (Doc. 85.)

         Initial appearance

         Ms. Demarce appeared before the undersigned on February 7, 2017, in Great Falls, Montana. Federal Defender Hank Branom accompanied her. Assistant United States Attorney Jeffery Starnes represented the United States.

         Ms. Demarce said she had read the petition and understood the allegations.

         She waived the preliminary hearing, and the parties consented to proceed immediately with the revocation hearing before the undersigned.

         Revocation hearing

         Ms. Demarce admitted that she violated the conditions of her supervised release. The violations are serious and ...


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