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United States v. Appel

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

January 23, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BEAVER FRANK APPEL, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Beaver Frank Appel (Appel) has been accused of violating the conditions of his supervised release by failing to notify his probation officer of a change in residence, by failing to comply with his sex offender registration requirements, by failing to report for sex offender treatment, and by failing to report for chemical dependency treatment. Appel has admitted all of the alleged violations except one. Appel was unable to admit or deny whether he had failed to comply with his sex offender registration requirements. The government made no attempt to prove that Appel had failed to comply with his sex offender registration requirements. Appel's supervised release should be revoked. Appel should be placed in custody for 7 months, with no supervised release to follow.

         II. Status

         Appel Day pleaded guilty to Failing to Report as a Sex Offender on November 8, 2012. (Doc. 19). The Court sentenced Appel to 15 months of custody, followed by 5 years of supervised release. (Doc. 32). Appel's term of supervised release began on July 17, 2018. (Doc. 80 at 2).

         Petition

          The United States Probation Office filed a Petition requesting that the Court revoke Appel's supervised release on January 8, 2019. (Doc. 80). The Petition alleged that Appel had violated the conditions of his supervised release by failing to notify his probation officer of a change in residence, by failing to comply with his sex offender registration requirements, by failing to report for sex offender treatment, and by failing to report for chemical dependency treatment. United States District Brian M. Morris issued a warrant for Appel's arrest on January 8, 2019. (Doc. 81).

         Initial appearance

         Appel appeared before the undersigned for his initial appearance on January 23, 2019. (Doc. 83). Appel was represented by counsel. Appel stated that he had read the petition and that he understood the allegations. Appel waived his 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 January 23, 2019. Appel admitted that he had violated the conditions of his supervised release by failing to notify his probation officer of a change in residence, by failing to report for sex offender treatment, and by failing to report for chemical dependency treatment. The violations are serious and warrant revocation of Appel's supervised release.

         Appel's violations are Grade C violations. Appel's criminal history category is II. Appel's underlying offense is a Class C felony. Appel could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 20 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         Appel requested a term of custody of 6 months. The government requested a sentence at the high-end of the guideline range.

         III. ...


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