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United States v. Baker

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

February 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SCOBEY G. BAKER, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         The United States accused Scobey G. Baker (“Mr. Baker”) of violating his conditions of supervised release by (1) committing another crime and (2) failing to complete sex offender treatment. Mr. Baker admitted to the violations. His supervised release should be revoked. He should be sentenced to seven months in custody, with fifty-three months of supervised release to follow.

         II. Status

         On September 25, 2014, United States District Judge Brian Morris sentenced Mr. Baker to forty-two months in custody, with sixty months of supervised release to follow, after a he pleaded guilty to Abusive Sexual Contact without Permission. (Doc. 38). He began his current term of supervised release on April 21, 2017.

         On August 9, 2017, the United States Probation Office filed a Report on Offender Under Supervision, informing the Court that Mr. Baker had been arrested and pled guilty to Disorderly Conduct in violation of Fort Peck Tribal Code, Title VII, Section 440. (Doc. 43). Mr. Baker was allowed to remain on supervised release.

         On November 30, 2017, the United States Probation Office filed a Report on Offender Under Supervision, informing the Court that Mr. Baker had been arrested and pled guilty to Disorderly Conduct in violation of Fort Peck Tribal Code, Title VII, Section 440, had failed to report law enforcement contact, and had consumed alcohol. (Doc. 44). Mr. Baker was allowed to remain on supervised release.

         Petition

         On January 23, 2018, the Probation Office filed a Petition for Warrant for Offender Under Supervision alleging that Mr. Baker violated the terms of his supervised release. The petition alleged that on December 21, 2017, Mr. Baker was arrested for and pled guilty to Disorderly Conduct. The petition also alleged Mr. Baker was terminated from his sex offender treatment on January 12, 2018, for his continued violation of program rules. (Doc. 45). United States District Judge Brian Morris issued a warrant for his arrest based on the allegations in the Petition. (Doc. 46).

         Initial appearance

         Mr. Baker appeared before the undersigned on February 6, 2018, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied him. Assistant United States Attorney Ryan Weldon represented the United States.

         Mr. Baker 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. Mr. Arvanetes requested time to prepare for the hearing, and the revocation hearing was set for February 13, 2018.

         Revocation hearing

         Mr. Baker appeared before the undersigned on February 13, 2018, for the revocation hearing, accompanied by Mr. Arvanetes. Mr. Weldon represented the United States. Mr. Baker admitted to the violations. The ...


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