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United States v. Demarce

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

April 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
PAIGE LARANN DEMARCE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge

         I. Synopsis

         The United States accused Ms. Demarce of violating her conditions of supervised release by 1) possessing a controlled substance, 2) using a controlled substance, 3) failing to report for substance abuse testing, 4) failing to participate in substance abuse treatment, and 5) failing to pay restitution. She admitted to violations 1 through 4, but denied violation 5. Her supervised release should be revoked. She should be sentenced to five months in custody, with twenty-eight months of supervised release to follow. Ms. Demarce should spend the first two months of her supervised release in a treatment facility as determined by the Probation Office.

         II. Status

         On June 9, 2016, United States District Court Judge Brian Morris sentence Ms. Demarce to seven days in custody, with thirty-six months of supervised release to follow, and $31, 836.37 in restitution, after Ms. Demarce pleaded guilty to Theft/Embezzlement/Misapplication by a Bank Officer. (Doc. 62).

         On September 25, 2016, the United States Probation Office filed a Report on Offender Under Supervision notifying the Court that Ms. Demarce failed to comply with substance abuse testing and treatment and used a prohibited substance on two occasions. (Doc. 82). The Court allowed her to continue her supervised release.

         On December 14, 2016, the Probation Office filed a Request for Modifying the Conditions or Term of Supervision to address her continued refusal to comply with substance abuse testing by extending her monitoring program for two months. (Doc. 83). Ms. Demarce did not object, but failed to secure a phone, and therefore the Probation Office was unable to implement the modification.

         On January 9, 2017, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision due to Ms. Demarce's refusal to comply with substance abuse testing and treatment, as well as her failure to pay restitution. (Doc. 84). Ms. Demarce was sentenced to three months in custody, with thirty- three months of supervised release to follow.

         Petition

         On July 27, 2017, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision. The petition alleged that on May 9, 2017, Mr. Demarce supplied a positive urine sample for opiates and methamphetamine, and admitted both verbally and in writing to using both methamphetamine and pain medication without a prescription. The petition further alleged that Ms Demarce failed to report for substance abuse testing on May 12, 18, and 31, 2017, and June 8, 14 and 26, 2017. The petition also alleged that Ms. Demarce failed to report for substance abuse treatment on May 25, 2017 and June 8, 2017. Finally, the petition alleged that as of the writing of the petition on July 27, 2017, there was no record of Ms. Demarce making any restitution payments while on supervision, and that the balance as of filing of the petition was $31, 586.37. (Doc. 109). Judge Morris issued a warrant for her arrest based on the allegations in the petition. (Doc. 110).

         Initial appearance

         Ms. Demarce was arrested on March 3, 2018. Ms. Demarce appeared before the undersigned on March 12, 2018, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied her. Assistant United States Attorney Jared Cobell represented the United States.

         Ms. Demarce said she had read the petition and understood the allegations. She waived the preliminary hearing, and the parties consented to proceed immediately with the revocation hearing before the undersigned.

         Revocation ...


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