United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston, United States Magistrate Judge
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
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.
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
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.
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.
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).
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
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.