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 James Michael Parker of violating his
conditions of supervised release by 1) failing to report to
sexual offender counseling on October 4, 2016, and October
11, 2016, 2) using methamphetamine on or about October 8,
2016, and Klonopin, a Schedule IV controlled substance,
without an authorized prescription on October 11, 2016, 3)
failing to report for random urinalysis testing, 4) failing
to follow the probation officer's instructions, and 5)
failing to participate in and complete a substance abuse
treatment program by failing to report as scheduled on
October 10, 2016. He admitted to allegations 1, 2, 3, and 5,
but neither admitted nor denied allegation 4. His supervised
release should be revoked, and he should be sentenced to time
served through September 13, 2017 at noon, with twenty-five
months of supervised release to follow.
November 22, 2011, United States District Judge Sam Haddon
sentenced Mr. Parker to seventy-one months in custody, with
thirty-six months of supervised release to follow, after he
pleaded guilty to Unlawful Transport of Firearms. (Doc. 23).
Mr. Parker began his current term of supervised release on
September 23, 2016.
Probation Office filed a Petition for Warrant for Offender
Under Supervision on October 20, 2017, accusing Mr. Parker of
violating the conditions of his supervised release. Violation
1 states that Mr. Parker failed to report to sexual offender
counseling with Karen Baumann as scheduled on October 4,
2016, and October 11, 2016. Violation 2 states that on
October 12, 2016, Mr. Parker admitted both verbally and in
writing to using methamphetamine on or about October 8, 2016,
and that he used Klonopin, a Schedule IV controlled substance
for which he did not have an authorized prescription, on or
about October 11, 2016. Violation 3 states that Mr. Parker
failed to report for substance abuse testing in that he
failed to report to the Rocky Boy Police Department for a
random urinalysis test on October 13, 2016. Violation 4
states that Mr. Parker disobeyed the instructions of his
probation officer. According to the Petition, Mr. Parker
admitted on October 12, 2016, that he had been staying in
Great Falls with his relative, a known convicted felon. He
was instructed to return to his reported address, and after
two subsequent visits from SVOR monitor Mary Gallagos, she
reported that no one was at said residence. Finally,
Violation 5 states that Mr. Parker failed to participate in
and complete a program of substance abuse treatment. The
Petition alleges that Mr. Parker was referred to White Sky
Hope center on September 27, 2016, and initiated the intake
process on October 5, 2016. However, Mr. Parker allegedly
failed to report as scheduled on October 10, 2016. (Doc. 26).
Judge Morris issued a warrant for his arrest based on the
allegations in the Petition. (Doc. 27).
Parker appeared before the undersigned for an initial
appearance on November 8, 2016, in Great Falls, Montana.
Federal Defender Evangelo Arvanetes accompanied him at the
initial appearance. Assistant United States Attorney Jeff
Starnes represented the United States.
Parker 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.
initial appearance, Mr. Parker requested a continuance. The
revocation hearing was to resume on November 29, 2016.
hearing on November 28, 2016, Mr. Parker's attorney, Mr.
Arvanetes, requested that Mr. Parker undergo a mental health
evaluation. The Court ordered that Mr. Parker undergo a
competency evaluation to participate in his defense. (Doc.
35). Mr. Parker remained in custody pending the competency
February 16, 2017, the Court resumed Mr. Parker's
competency hearing, wherein the Court found that Mr. Parker
was not competent at that time. The Court ordered Mr. Parker
to undergo formal competency ...