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United States v. Longee

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

February 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ERROL W. LONGEE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge.

         I. Synopsis

         The United States accused Mr. Longee of violating his conditions of supervised release by (1) failing to report for substance abuse testing, (2) failing to report for substance abuse treatment, (3) consuming alcohol, and (4) failing to successfully complete a sex offender treatment program. Mr. Longee admitted to the violations. Mr. Longee's supervised release should be revoked. He should be sentenced to twenty-four months of custody, with no term supervised release to follow. The Court recommends Mr. Longee be allowed to serve his term of custody at the Federal Correctional Institution in Englewood, Colorado.

         II. Status

         In January 2005, Mr. Longee pleaded guilty to Abusive Sexual Contact without Permission, Sexual Abuse, and Sexual Abuse of a Minor. (CV 04-121-GF-BMM-001, Doc. 30; CV 04-160-GF-BMM-001, Doc. 13). On each count, United States District Court Judge Sam E. Haddon sentenced Mr. Longee to 139 months of custody and 36 months of supervised release. The counts ran concurrently. (CV 04-121-GF-BMM-001, Doc. 33; CV 04-160-GF-BMM-001, Doc. 19). Mr. Longee's first term of supervised release began on March 27, 2015. (CV 04-121-GF-BMM-001, Doc. 35; CV 04-160-GF-BMM-001, Doc. 21).

         On May 13, 2015, the United States Probation Office submitted a Petition Modifying the Conditions of Release with Consent of Offender. United States District Court Judge Brian Morris signed the petition, modifying Mr. Longee's conditions of release to comply with Ninth Circuit requirements. (CV 04-121-GF-BMM-001, Doc. 34; CV 04-160-GF-BMM-001, Doc. 20).

         On October 1, 2015, Mr. Longee's supervised release was revoked because he violated the conditions of his release by using a controlled substance, failing to participate in substance abuse treatment, failing to participate in substance abuse testing, and failing to successfully complete sex offender treatment. He was sentenced to two months of custody and 34 months of supervised release. (CV 04-121-GF-BMM-001, Doc. 44; CV 04-160-GF-BMM-001, Doc. 230). Mr. Longee began his second term of supervised release on November 2, 2015. (CV 04-121- GF-BMM-001, Doc. 52; CV 04-160-GF-BMM-001, Doc. 36).

         On December 3, 2015, the United States Probation Office filed a petition seeking to revoke Mr. Longee's supervised release because he had failed to maintain contact with his probation officer. (CV 04-121-GF-BMM-001, Doc. 46; CV 04-160-GF-BMM-001, Doc. 32). After the Probation Office filed the petition, Mr. Longee contacted his probation officer. The petition and arrest warrant were therefore quashed. (CV 04-121-GF-BMM-001, Doc. 48; CV 04-160-GF-BMM-001, Doc. 34).

         On May 26, 2016, the Court revoked Mr. Longee's supervised release because he failed to participate in substance abuse testing and treatment, failed to participate in sex offender treatment, failed to report as directed, and failed to notify his probation officer of a change in his address. The Court sentenced mr. Longee to three months in custody, with thirty-one months of supervised release to follow. (CV 04-121-GF-BMM-001, Doc. 61; CV 04-160-GF-BMM-001, Doc. 44). His current term of supervised release began on June 23, 2016.

         On December 15, 2016, Mr. Longee's supervised release was revoked and he was sentenced to seven months custody with twenty-four months of supervised release on account of Mr. Longee's failure to report for substance abuse treatment, testing, failure to report to his probation officer, failure to complete a sex offender treatment program, and consuming alcohol. (CV 04-121-GF-BMM-001, Doc. 74; CV 04-160-GF-BMM-001, Doc. 55). Mr. Longee began his term of supervised release on May 25, 2017.

         Petition

         On July 7, 2017, the United State Probation Office filed a petition to revoke Mr. Longee's supervised release. The petition alleges that Mr. Longee failed to report for substance abuse testing on June 8, 2017, June 14, 2017, June 26, 2017, and June 29, 2017. The petition further alleges Mr. Longee failed to report for substance abuse treatment on June 8, 2017, and June 29, 2017. The petition also alleges that on July 1, 2017, Mr. Longee admitted that he had consumed alcohol after law enforcement arrested him as a suspect in a homicide investigation. Finally, the petition alleges Mr. Longee was referred for sexual offender treatment, but as of July 7, 2017, Mr. Longee had not engaged in treatment as directed. (CV 04-121-GF-BMM-001, Doc. 76; CV 04-160-GF-BMM-001, Doc. 57). Based on the petition, United States District Court Judge Brian Morris issued a warrant for Mr. Longee's arrest. (CV 04-121-GF-BMM-001, Doc. 77; CV 04-160-GF-BMM-001, Doc. 58).

         Initial appearance

         Mr. Longee appeared before the undersigned on December 20, 2017, in Great Falls, Montana, for an initial appearance. Federal Defender David Ness accompanied him at the initial appearance. Assistant ...


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