United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
United States accused Mr. Ackerman of violating his
conditions of supervised release by 1) associating with
persons engaged in criminal activity, 2) using a controlled
substance, and 3) frequenting places where controlled
substances are illegally sold, used, or administered. Mr.
Ackerman admitted to the violations. His supervised release
should be revoked, and he should be sentenced to six months
in custody, with fifty-four months of supervised release to
follow. Upon release from custody, Mr. Ackerman shall be
subject to the modified conditions of supervised release as
reflected in the judgment.
September 28, 2004, Mr. Ackerman pleaded guilty to Aggravated
Sexual Abuse. (Doc. 21). United States District Sam Haddon
sentenced him to 180 months in custody, with sixty months of
supervised release to follow, on January 13, 2005. (Doc. 25).
Mr. Ackerman began his current term of supervised release on
February 27, 2018.
March 19, 2018, the United States filed a petition seeking a
Modification of the Conditions or Term of Supervision. (Doc.
34). The Unite States argued that the modifications were
necessary to bring Mr. Ackerman's conditions into
compliance with the current law, as they were originally set
in 2005. Mr. Ackerman agreed and signed a waiver for a
hearing to modify his conditions, but Mr. Ackerman's
attorney indicated he would not agree to modify the
conditions or waive a hearing. A summons was issued for Mr.
Ackerman, and the Court set a hearing on the matter for March
29, 2018. (Doc. 35).
March 27, 2018, the Probation Office filed an Amended
Petition for Warrant for Offender Under Supervision, accusing
Mr. Ackerman of violating the conditions of his supervised
release by 1) associating with persons engaged in criminal
activity, 2) using a controlled substance, and 3) frequenting
places where controlled substances are illegally sold, used,
distributed, or administered. The alleged violations stem
from an incident at Mr. Ackerman's motel room, where it
is alleged that police officers responded to a call alleging
drug transactions were taking place based on foot traffic and
people entering and leaving the room. After cleaning the
room, housekeeping noticed what appeared to be a
methamphetamine pipe and several empty plastic bindles.
United States Probation Officers responded to Mr.
Ackerman's room, and after searching, discovered a
methamphetamine pipe and two empty bindles in Mr.
Ackerman's duffel bag. The petition also alleges that Mr.
Ackerman admitted that he knew the people who left his room
were using methamphetamine, but vehemently denied that he had
used methamphetamine. The petition states that Mr. Ackerman
was subsequently tested, which was positive for
methamphetamine and opiates, after which Mr. Ackerman
admitted to smoking methamphetamine four times since being
released from custody, including the evening of March 23,
2018, as well as ingesting Tylenol 3, for which he did not
have a prescription. (Doc. 36). Based on the petition, United
States District Court Judge Brian Morris issued a warrant for
Mr. Ackerman's arrest. (Doc. 37).
Ackerman responded to the Summons on March 29, 2018, in Great
Falls, Montana. The Court heard argument regarding the
petition to modify the conditions of supervised release. Mr.
Ackerman's counsel reserved his right to object to the
conditions in the event of a revocation. Because the
objection is not ripe at this time, the Court will modify Mr.
Ackerman's conditions as follows:
employment must be approved in advance in writing by the
United States Probation Office. The defendant shall consent
to third-party disclosure to any employer or potential
defendant shall enter and successfully complete a sex
offender treatment program. The defendant is to enter a
program designated by, and until released by, the United
States Probation Office. The defendant is to pay all or part
of the costs of treatment as directed by United States
defendant shall submit to not more than six polygraph
examinations per year as directed by United States Probation
to assist in treatment, planning, and case monitoring. The
defendant maintains the Fifth Amendment rights during
polygraph examinations and may refuse to answer any
incriminating questions. The defendant is to pay all or part
of the cost of the examinations as directed by United States
defendant shall not be allowed to do the following without
prior written approval of United States Probation: knowingly
reside in the home, residence, or be in the company of any
child under the age of 18, with the exception of their own
children; go to or loiter within 100 yards of school yards,