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United States v. Gobert

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

February 27, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN ALFRED GOBERT, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Kevin Alfred Gobert (Gobert) has been accused of violating the conditions of his supervised release. Gobert admitted all of the alleged violations, except one. Gobert's supervised release should be revoked. Gobert should be placed in custody for 6 months, with 32 months of supervised release to follow.

         II. Status

         Gobert pleaded guilty on November 22, 2011, to one count of Abusive Sexual Contact, and one count of Producing Obscene Visual Representations of the Sexual Abuse of Children. (Doc. 68). The Court sentenced Gobert to 46 months of custody, followed by 5 years of supervised release. (Doc. 77). Gobert's current term of supervised release began on September 28, 2017. (Doc. 128 at 2).

         Petition

         The United States Probation Office filed a Petition on February 7, 2019, requesting that the Court revoke Gobert's supervised release. (Doc. 128). The Petition alleged that Gobert violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to report for substance abuse treatment; 3) by failing to report to his probation officer as directed; 4) by failing to report for sex offender treatment; 5) by failing to notify his probation officer of a change in residence; and 6) by failing to comply with his sex offender registration requirements. (Doc. 128). United States District Judge Brian Morris issued a warrant for Gobert's arrest on February 7, 2019. (Doc. 129).

         Initial Appearance

         Gobert appeared before the undersigned for his initial appearance on February 26, 2019. Gobert was represented by counsel. Gobert stated that he had read the petition and that he understood the allegations. Gobert 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 February 26, 2019. Gobert admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to report for substance abuse treatment; 3) by failing to report to his probation officer as directed; 4) by failing to report for sex offender treatment; and 5) by failing to notify his probation officer of a change in residence. Gobert did not admit or deny alleged Violation Number 6. The government did not meet its burden of proof with respect to Violation Number 6. The violations that Gobert admitted are serious and warrant revocation of Gobert's supervised release.

         Gobert's violations are Grade C violations. Gobert's criminal history category is I. Gobert's underlying offenses are Class A and Class C felonies. Gobert could be incarcerated for up to 60 months. Gobert could be ordered to remain on supervised release for up to 38 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Gobert's supervised release should be revoked. Gobert should be incarcerated for 6 months, with 32 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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