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United States v. Parker

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

September 12, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES MICHAEL PARKER, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge.

         I. Synopsis

         The 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.

         II. Status

         On 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.

         Petition

         The 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).

         Initial appearance

         Mr. 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.

         Mr. 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.

         Revocation hearing

         At the initial appearance, Mr. Parker requested a continuance. The revocation hearing was to resume on November 29, 2016.

         At a 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 hearing.

         On 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 ...


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