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United States v. Lamere

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

February 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CLINTON WADE LAMERE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Clinton Wade Lamere (Lamere) has been accused of violating the conditions of his supervised release. Lamere has admitted all of the alleged violations, except one. Lamere's supervised release should be revoked. Lamere should be placed in custody for 5 months, with no supervised release to follow.

         II. Status

         Lamere was found guilty of Aggravated Sexual Abuse on December 29, 2003, following a jury trial. The Court sentenced Lamere to 165 months of custody, followed by 60 months of supervised release. (Doc. 57). Lamere's term of supervised release began on August 15, 2018. (Doc. 123 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Lamere's supervised release on November 20, 2018. (Doc. 123). The Petition alleged that Lamere had violated the conditions of his supervised release: 1) by failing to notify his probation officer of a change in residence; 2) by failing to report for substance abuse testing; and 3) by failing to report for sex offender treatment. District Court Judge Brian Morris issued a warrant for Lamere's arrest on November 20, 2018. (Doc. 124).

         Initial appearance

         Lamere appeared before the undersigned for his initial appearance on January 16, 2019. (Doc. 126). Lamere was represented by counsel. Lamere stated that he had read the petition and that he understood the allegations. Lamere 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 16, 2019, and on February 6, 2019. Lamere admitted that he had violated the conditions of his supervised release by failing to report for substance abuse testing, and by failing to report for sex offender treatment. The violations are serious and warrant revocation of Lamere's supervised release. The government made no attempt to prove that Lamere had failed to notify his probation officer of a change in residence.

         Lamere's violations are Grade C violations. Lamere's criminal history category is I. Lamere's underlying offense is a Class A felony. Lamere could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 47 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         Lamere requested a term of custody of 3 months. The government requested a term of custody of 6 months.

         III. ...


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