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 Gary O'Neal Drum of violating his
conditions of supervised release by 1) admitting to consuming
alcohol on July 5, 2017, 2) committing the crime of criminal
mischief on July 17, 2017, 3) consuming alcohol on July 17,
2017, 4) committing the crime of disly conduct on August 18,
2017, 5) consuming alcohol on August 18, 2017, 6) failing to
report for substance abuse evaluation on August 24, 2017, and
7) failing to report for a sex offender evaluation on August
16, 2017. He admitted to the allegations involving alcohol,
but neither admitted nor denied the criminal mischief
violation or the disorderly conduct. His supervised release
should be revoked, and he should be sentenced to six months
in custody, with fifty-four months of supervised release to
23, 2015, United States District Judge Brian Morris sentenced
Mr. Drum to thirty-six months in custody, with sixty months
of supervised release to follow, after he pleaded guilty to
Abusive Sexual Contact Without Permission. (Doc. 23). Mr.
Drum began his current term of supervised release on May 25,
Probation Office filed a Petition for Warrant for Offender
Under Supervision on August 31, 2017, accusing Mr. Drum of
violating the conditions of his supervised release by
admitting to his sex offender treatment provider on July 5,
2017 that he had been consuming alcohol. Additionally, the
Petition alleges that Mr. Drum was arrested on July 17, 2017
for criminal mischief after law enforcement officers
apprehended Mr. Drum after receiving a report of individuals
breaking an air conditioner out of a window of a tribal
building. The Petition also states that Mr. Drum provided a
breath sample on July 17, 2017 with a BAC of 0.157. The
Petition further alleges that on August 18, 2017, Mr. Drum
was arrested for disorderly conduct after officers witnessed
Mr. Drum take off his shirt and strike another individual in
the face. While in custody, Mr. Drum provided a positive
breath sample with a BAC of 0.240. The Petition also alleges
that upon his release from custody on August 21, 2017, Mr.
Drum failed to report to substance abuse evaluation on August
24, 2017. Finally, the Petition alleges that Mr. Drum failed
to report for sexual offender evaluation on August 16, 2017,
and that he was terminated from the program on August 19,
2017, for his continued noncompliance, which included
drinking and fighting. (Doc. 26). Judge Morris issued a
warrant for his arrest based on the allegations in the
Petition. (Doc. 27).
Drum appeared before the undersigned for an initial
appearance on September, 2017, in Great Falls, Montana.
Federal Defender Evangelo Arvanetes accompanied him at the
initial appearance. Assistant United States Attorney Jessica
Bentley represented the United States.
Drum 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.
Drum admitted to the allegations in the petition for
Violations 1, 2, 4, 6, and 7. He neither admitted or denied
Violations 3 and 5. The violations are serious and warrant
revocation of his supervised release.
Drum's violation grade is Grade C, his criminal history
category is II, and his underlying offense is a Class E
felony. He could be incarcerated for up to twelve 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.
Arvanetes recommend a sentence on the low end of the
guidelines, with supervised release to follow to include
substance abuse treatment. Mr. Drum exercised his right of
allocution and stated that he was struggling because he had
several close relatives pass away. Ms. Bentley ...