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United States v. Ackerman

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

April 3, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LESLIE ERIC ACKERMAN, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, Judge

         I. Synopsis

         The 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.

         II. Status

         On 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.

         On 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).

         Amended Petition

         On 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).

         Initial appearance

         Mr. 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:

         1. All 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 employer.

         2. The 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 Probation Office.

         3. The 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 Probation Office.

         4. The 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, ...


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