United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
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
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).
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).
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.
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.
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.
requested a term of custody of 3 months. The government
requested a term of custody of 6 months.