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United States v. Deberry

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

April 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES DEBERRY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Mr. Deberry was accused of violating his conditions of supervised release after being discharged from sex offender treatment. He admitted to violation. Mr. Deberry's supervised release should be revoked. He should be sentenced to four months of custody on each count, to run concurrently, with fifty-six months of supervised release to follow on each count, to run concurrently.

         II. Status

         On June 2, 2016, United States District Judge Brian Morris sentenced Mr. Deberry to twenty-one months custody, with sixty months of supervised release to follow, after Mr. Deberry pled guilty to Sex Abuse of a Minor or Ward and Abusive Sexual Contact without Permission. (Doc. 30). Mr. Deberry's term of supervised release began on August 14, 2017.

         On October 18, 2017, a Report on Offender Under Supervision was filed outlining Mr. Deberry's non-compliance, which included using alcohol and being around children under the age of 18, as well as being terminated from his job and missing sex offender group. (Doc. 33). Mr. Deberry was allowed to remain on supervised release.

         Petition

         On April 5, 2018, the United States Probation Office filed a petition asking the Court to revoke Mr. Deberry's supervised release. The petition alleged that on April 3, 2018, Mr. Deberry was terminated from sex offender treatment for failing to appear for group session or indicate he would not be there. The discharge summary stated that Mr. Deberry struggled to stay awake during sessions and would rarely, if at all, participate. (Doc. 35). Based on the petition, Judge Morris issued a warrant for Mr. Deberry's arrest. (Doc. 36).

         Initial appearance

         Mr. Deberry appeared before the undersigned on April 17, 2018, in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Mr. Deberry said he had read the petition and understood the allegations. Mr. Deberry waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         Mr. Deberry admitted that he violated the condition of his supervised release as set forth in the petition. The violation is serious and warrants revocation of Mr. Deberry's supervised release.

         Mr. Deberry's violation grade is Grade C, his criminal history category is III, and his underlying offenses are a Class E felony (Count 1) and a Class C felony (Count 2). He could be incarcerated for up to twelve months on Count 1, and twenty-four months on Count 2. He could be ordered to remain on supervised release for sixty months, less any custody ...


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