United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
JOHNSTON UNITED STATES MAGISTRATE JUDGE
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.
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.
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.
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.
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.
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.
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.
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 ...