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United States v. Demarce

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

October 31, 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

         Defendant Paige Larann Demarce (Demarce) has been accused of violating the conditions of her supervised release by failing to report to her probation officer within 72 hours of her release from custody, by leaving Montana without the permission of her probation officer, and by failing to report for substance abuse treatment. Demarce has admitted all of the alleged violations. Demarce's supervised release should be revoked. Demarce should be placed in custody until November 1, 2018, with 90 days of supervised release to follow. Demarce should reside at Passages treatment facility in Billings, Montana, while she is on supervised release.

         II. Status

         Demarce pleaded guilty to Bank Employee Fraud on February 8, 2016. (Doc. 36). The Court sentenced Day to 7 days of custody, followed by 3 years of supervised release. (Doc. 62). Demarce's current term of supervised release began on August 2, 2018. (Doc. 129 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Demarce's supervised release on August 23, 2018. (Doc. 129). The Petition alleged that Demarce violated the conditions of her supervised release by failing to report to her probation officer within 72 hours of her release from custody, by leaving Montana without the permission of her probation officer, and by failing to report for substance abuse treatment. United States District Judge Brian Morris issued a warrant for Demarce's arrest on August 23, 2018. (Doc. 130).

         Initial appearance

         Demarce appeared before the undersigned for her initial appearance on October 23, 2018. (Doc. 132). Demarce was represented by R. Hank Branom, Esq. Demarce stated that she had read the petition and that she understood the allegations. Demarce waived her right to a preliminary hearing. The parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         The Court conducted a revocation hearing on October 23, 2018, and on October 30, 2018. Demarce admitted that she had violated the conditions of her supervised release by failing to report to her probation officer within 72 hours of her release from custody, by leaving Montana without the permission of her probation officer, and by failing to report for substance abuse treatment. The violations are serious and warrant revocation of Demarce's supervised release.

         Demarce's violation is a Grade C violation. Demarce's criminal history category is I. Demarce's underlying offense is a Class B felony. Demarce could be incarcerated for up to 36 months. Demarce could be ordered to remain on supervised release for up to 52 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months. Demarce waived her right to allocute before the Court.

         III. Analysis

         Demarce's supervised release should be revoked. Demarce should be incarcerated until November 1, 2018, with 90 days of supervised release to follow. This sentence is sufficient but not greater than necessary. Demarce should be incarcerated at the Great Falls, Detention Center. Demarce should be released to the custody of the United States Probation Office on November 1, 2018. The Untied States Probation Office should transport Demarce to Passages treatment center in Billings, Montana. ...


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