collaboration with federal courts to expand enrollment in ... · american indian veteran issues...
TRANSCRIPT
H O N G R E G O R Y G P I N S K ID I S T R I C T J U D G E
M O N T A N A E I G H T H J U D I C I A L D I S T R I C T C O U R T
H O N K U R T G A L M EU N I T E D S T A T E S A T T O R N E Y
F O R T H E D I S T R I C T O F M O N T A N A
Collaboration With Federal Courts to Expand Enrollment in
State Veterans Treatment Courts
Federal Jurisdiction Over Drug Cases
y Violations of federal lawy Violations of federal law on military bases 1984 MOU between DOJ and DOD regarding dual jurisdiction
prosecution DOD prosecutes crimes committed by military personnel DOJ prosecutes crimes committed by civilian personnel httpswwwjusticegovusamcriminal-resource-manual-669-
prosecution-military-personnely Violations of federal law on tribal reservations
Federal Veterans Treatment Courts Federal Crimes
y District of Utahy Western District of New Yorky Eastern District of Virginiay Western District of Virginia
Federal Veterans Treatment CourtsFederal Crimes on Military Bases
Western District of Texas ndash Fort Hood Army Base
The Fort Hood Texas Veterans Treatment Court ndash Veterans Endeavor for Treatment and Support or VETS was established in January 2016 and is the first Veterans Treatment Court to open on a US Army Base
The program has drawn on many of the elements of Veterans Treatment Courts that have been implemented in state courts and operates as a joint partnership between the United States District Court United States Attorneys Office the Federal Pretrial Services Office for the Western District of Texas the Department of Veterans Affairs and the US Army III Corps and Fort Hood
httpwwwhoodarmymilvetscourtaspx
Federal-State Veterans Treatment Court CollaborationTribal Reservations
bull Founded in November 2013bull Regional Veterans Treatment Court ndash Cascade County MT (Pop 82278)bull Referrals from surrounding countiesbull Three nearby Indian Reservationsbull 75 veterans 26 current veterans 41 graduates 4 terminations 3 medical
discharge 1 transferbull 902 successful completionbull 48 Recidivismbull 16 American IndianAlaskan Native
Montana Eighth Judicial District Veterans Treatment Court
American Indian Veteran Issues
y American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group
y Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population
y They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity
y They are more likely to lack health insurance and to have a disability service-connected or otherwise than veterans of other raceethnicity that can be accepted into the program
y They have a long standing tradition of fighting as allies with and then for the United States military
Source Erika Moott et al American Indian Veterans Tribal Law and Tribal Courts Department of Veterans Affairs ndashOffice of Tribal Government Relations presented to Justice for Vets (December 2013)
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Federal Jurisdiction Over Drug Cases
y Violations of federal lawy Violations of federal law on military bases 1984 MOU between DOJ and DOD regarding dual jurisdiction
prosecution DOD prosecutes crimes committed by military personnel DOJ prosecutes crimes committed by civilian personnel httpswwwjusticegovusamcriminal-resource-manual-669-
prosecution-military-personnely Violations of federal law on tribal reservations
Federal Veterans Treatment Courts Federal Crimes
y District of Utahy Western District of New Yorky Eastern District of Virginiay Western District of Virginia
Federal Veterans Treatment CourtsFederal Crimes on Military Bases
Western District of Texas ndash Fort Hood Army Base
The Fort Hood Texas Veterans Treatment Court ndash Veterans Endeavor for Treatment and Support or VETS was established in January 2016 and is the first Veterans Treatment Court to open on a US Army Base
The program has drawn on many of the elements of Veterans Treatment Courts that have been implemented in state courts and operates as a joint partnership between the United States District Court United States Attorneys Office the Federal Pretrial Services Office for the Western District of Texas the Department of Veterans Affairs and the US Army III Corps and Fort Hood
httpwwwhoodarmymilvetscourtaspx
Federal-State Veterans Treatment Court CollaborationTribal Reservations
bull Founded in November 2013bull Regional Veterans Treatment Court ndash Cascade County MT (Pop 82278)bull Referrals from surrounding countiesbull Three nearby Indian Reservationsbull 75 veterans 26 current veterans 41 graduates 4 terminations 3 medical
discharge 1 transferbull 902 successful completionbull 48 Recidivismbull 16 American IndianAlaskan Native
Montana Eighth Judicial District Veterans Treatment Court
American Indian Veteran Issues
y American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group
y Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population
y They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity
y They are more likely to lack health insurance and to have a disability service-connected or otherwise than veterans of other raceethnicity that can be accepted into the program
y They have a long standing tradition of fighting as allies with and then for the United States military
Source Erika Moott et al American Indian Veterans Tribal Law and Tribal Courts Department of Veterans Affairs ndashOffice of Tribal Government Relations presented to Justice for Vets (December 2013)
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Federal Veterans Treatment Courts Federal Crimes
y District of Utahy Western District of New Yorky Eastern District of Virginiay Western District of Virginia
Federal Veterans Treatment CourtsFederal Crimes on Military Bases
Western District of Texas ndash Fort Hood Army Base
The Fort Hood Texas Veterans Treatment Court ndash Veterans Endeavor for Treatment and Support or VETS was established in January 2016 and is the first Veterans Treatment Court to open on a US Army Base
The program has drawn on many of the elements of Veterans Treatment Courts that have been implemented in state courts and operates as a joint partnership between the United States District Court United States Attorneys Office the Federal Pretrial Services Office for the Western District of Texas the Department of Veterans Affairs and the US Army III Corps and Fort Hood
httpwwwhoodarmymilvetscourtaspx
Federal-State Veterans Treatment Court CollaborationTribal Reservations
bull Founded in November 2013bull Regional Veterans Treatment Court ndash Cascade County MT (Pop 82278)bull Referrals from surrounding countiesbull Three nearby Indian Reservationsbull 75 veterans 26 current veterans 41 graduates 4 terminations 3 medical
discharge 1 transferbull 902 successful completionbull 48 Recidivismbull 16 American IndianAlaskan Native
Montana Eighth Judicial District Veterans Treatment Court
American Indian Veteran Issues
y American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group
y Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population
y They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity
y They are more likely to lack health insurance and to have a disability service-connected or otherwise than veterans of other raceethnicity that can be accepted into the program
y They have a long standing tradition of fighting as allies with and then for the United States military
Source Erika Moott et al American Indian Veterans Tribal Law and Tribal Courts Department of Veterans Affairs ndashOffice of Tribal Government Relations presented to Justice for Vets (December 2013)
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Federal Veterans Treatment CourtsFederal Crimes on Military Bases
Western District of Texas ndash Fort Hood Army Base
The Fort Hood Texas Veterans Treatment Court ndash Veterans Endeavor for Treatment and Support or VETS was established in January 2016 and is the first Veterans Treatment Court to open on a US Army Base
The program has drawn on many of the elements of Veterans Treatment Courts that have been implemented in state courts and operates as a joint partnership between the United States District Court United States Attorneys Office the Federal Pretrial Services Office for the Western District of Texas the Department of Veterans Affairs and the US Army III Corps and Fort Hood
httpwwwhoodarmymilvetscourtaspx
Federal-State Veterans Treatment Court CollaborationTribal Reservations
bull Founded in November 2013bull Regional Veterans Treatment Court ndash Cascade County MT (Pop 82278)bull Referrals from surrounding countiesbull Three nearby Indian Reservationsbull 75 veterans 26 current veterans 41 graduates 4 terminations 3 medical
discharge 1 transferbull 902 successful completionbull 48 Recidivismbull 16 American IndianAlaskan Native
Montana Eighth Judicial District Veterans Treatment Court
American Indian Veteran Issues
y American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group
y Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population
y They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity
y They are more likely to lack health insurance and to have a disability service-connected or otherwise than veterans of other raceethnicity that can be accepted into the program
y They have a long standing tradition of fighting as allies with and then for the United States military
Source Erika Moott et al American Indian Veterans Tribal Law and Tribal Courts Department of Veterans Affairs ndashOffice of Tribal Government Relations presented to Justice for Vets (December 2013)
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Federal-State Veterans Treatment Court CollaborationTribal Reservations
bull Founded in November 2013bull Regional Veterans Treatment Court ndash Cascade County MT (Pop 82278)bull Referrals from surrounding countiesbull Three nearby Indian Reservationsbull 75 veterans 26 current veterans 41 graduates 4 terminations 3 medical
discharge 1 transferbull 902 successful completionbull 48 Recidivismbull 16 American IndianAlaskan Native
Montana Eighth Judicial District Veterans Treatment Court
American Indian Veteran Issues
y American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group
y Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population
y They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity
y They are more likely to lack health insurance and to have a disability service-connected or otherwise than veterans of other raceethnicity that can be accepted into the program
y They have a long standing tradition of fighting as allies with and then for the United States military
Source Erika Moott et al American Indian Veterans Tribal Law and Tribal Courts Department of Veterans Affairs ndashOffice of Tribal Government Relations presented to Justice for Vets (December 2013)
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
American Indian Veteran Issues
y American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group
y Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population
y They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity
y They are more likely to lack health insurance and to have a disability service-connected or otherwise than veterans of other raceethnicity that can be accepted into the program
y They have a long standing tradition of fighting as allies with and then for the United States military
Source Erika Moott et al American Indian Veterans Tribal Law and Tribal Courts Department of Veterans Affairs ndashOffice of Tribal Government Relations presented to Justice for Vets (December 2013)
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
US District Court Memorandum of Understanding
bull Purpose
bull Parties
bull Identification Screening and Enrollment
bull Participation
bull Graduation or Termination
bull Information Sharing and Confidentiality
bull General Terms
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Frequently Asked Questions
y How are federal participants referred to the Veterans Treatment Court
y What federal crimes are eligible for Veterans Treatment Court
y What role do federal officials have in the Veterans Treatment Court
y Are federal participants subject to Veterans Treatment Court sanctions
y What difficulties exist in serving federal court participants
y What steps have been taken to promote the Veterans Treatment Court option to federal defendants
y Is there a limit on the number of federal defendants
y Is there any issue with using state government resources for federal participants in the state program
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Benefits of Collaboration
y Cost Savings Federal Prison
Ugrave $3061985 annually ($4276340 Montana State Prison) Residential Reentry Center
Ugrave $2899925 annually Veterans Treatment Court
Ugrave $4463 per admissiony Justice System Racial Disparities
Population 43 American IndianAlaskan Native Prison Population
Ugrave Male 196Ugrave Female 358
Veterans Treatment Court 16y Recidivism
Prison 678 Veterans Treatment Court 48 locally 25 nationwide
Source 80 FR 12523 (Mar 9 2015) (federal inmate cost) Montana Dept of Corrections 2017 Biennial Report (state inmate cost) (httpscormtgovPortals104ResourcesReports 2017BiennialReportpdf) Montana Drug Courts An Updated Snapshot of Success and Hope Report to Montana Legislature (Jan 2017) (httpcourtsmtgovportals113drugcourtreport2017drugcourt-reportpdf Montana Department of Corrections 2015 Biennial Report (Jan 2015) (httpscormtgovPortals104ResourcesReports2015BiennialReportpdf)l 2010 US Census The Battle on the Home Front Special Courts Turn to Vets to Help Other Vets ABA J(November 1 2011) (According to NADCP 70 of defendants finish programs and 75 are not rearrested for at least two years after) National Institute of Justice Recidivism(httpswwwnijgovtopicscorrectionsrecidivismPages welcomeaspx)
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
VIDEO
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
Frank Dy 33 year old American Indiany United States Marine Corps
E-3 LCpl 4 years 8 months Operation Iraqi Freedom Marine Corps Good Conduct Medal Iraq
Campaign Medal Sea Service Deployment Medal Global War on Terrorism Medal National Defense Service Medal Navy Unit Commendation Medal Rifle Marksman Badge
Injured in a fuel tank explosion severe burns to his face and eyelids concussion hearing loss traumatic brain injury PTSD and chronic pain
y Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control
painy Drugs of Choice Methamphetamine
Opiates Marijuana AlcoholAndrea Fisher Great Falls Tribune January 17 2016
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
bull Indicted Sept 4 2014 Theft on Ft Peck Indian Reservation (5 years imprisonment $250000 fine 3 years supervised release)
bull Sentenced Feb 5 2015 4 years probation
bull Revoked Sept 1 2015 methamphetamine relapse
bull Probation Modified Sept 22 2015 Entered State Veterans Treatment Court
bull Revoked and Reinstated March 29 2016
bull Completed Veterans Treatment Court April 25 2017
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
bull Sober since March 10 2016
bull Treatment through community provider and VA-CBOC
bull Veteran prescribed Vivitrolreg for 13 months takes oral naltrexone as needed
bull PTSD treatment at Vet Center
bull Winning the Invisible War MRTreg curriculum
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
bull Reunited with 10 year old daughter
bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgradebull Discharge upgraded from other than honorable
conditions to general discharge under honorable conditions
bull Service connected disability payments
bull Employed with agricultural products company earning $30000 annually
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
bull Lives with daughter and significant otherbull Enjoys fishingbull Regular aftercare meetings with case managerbull Active in alumni group
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case Study
bull Connected to VAHUD-VASH program for rent assistance
bull Lives in safe clean stable apartment
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
For More Information
Hon Gregory G PinskiDistrict Judge
415 2nd Avenue NorthGreat Falls MT 59401
(406) 454-6894gpinskimtgov
Hon Kurt G AlmeUnited States Attorney for the District of Montana
2601 2nd Avenue NorthSuite 3200
Billings MT 59101(406) 657-6101
kurtalmeusdojgov
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Execution Copy
MEMORANDUM OF UNDERSTANDING between the
United States District Court for the District of Montana and
United States Attorneyrsquos Office for the District of Montana and
Montana Eighth Judicial District Veterans Court Regarding Veterans Court
I BACKGROUND AND PURPOSE
A Each year dozens of veterans are charged with misdemeanor and non-violent non-sexual felony crimes in the United States District Court for the District of Montana Many of these veterans have medical mental health substance abuse and other problems including those related to their military service Veterans charged with misdemeanor and non-violent non-sexual felony crimes often need rehabilitative services not otherwise available to them except through the Department of Veteran Affairs and other community organizations
The Montana Eighth Judicial District Veterans Court (ldquoVeterans Courtrdquo) is an
incarceration alternative for qualifying veteran offenders The Veterans Court reduces crime enhances public safety saves taxpayer costs and enriches lives by facilitating sobriety treating mental health conditions improving social relationships and promoting lifelong stability for veteran offenders
B The purpose of this Memorandum of Understanding (ldquoMOUrdquo) among the United States District Court for the District of Montana (ldquoUSDCrdquo) the United States Attorneyrsquos Office for the District of Montana (ldquoUSAOrdquo) and the Veterans Court is to facilitate the entry of federal veteran offenders into the Veterans Court and to govern the partiesrsquo obligations prior to during and following a federal veteran offenderrsquos enrollment in the Veterans Court
C The Veterans Court is created and operated under the Montana Drug Accountability and Treatment Act Title 46 Chapter 1 Part 11 MCA and the Montana Mental Health Treatment Court Act Title 46 Chapter 1 Part 12 MCA The Veterans Court is operated under its internal policies and procedures manual This MOU is not intended to confer or create authority not already in existence for the parties II IDENTIFICATION SCREENING AND ENROLLMENT IN THE VETERANS
COURT
A To identify potentially qualifying justice-involved veterans the USDC agrees to do the following
Page 1 of 8
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
(1) As part of its routine pretrial services assessment of all criminal defendants facing new charges supervised release or probation revocations the US Probation Office (ldquoUSPOrdquo) shall ask each individual whether heshe has served in the military or is serving in the military Individuals who respond affirmatively to these questions shall be noted as veterans
(2) Upon identifying a justice-involved veteran the USPO or veteranrsquos legal
counsel shall provide the veteranrsquos name and veteran status to the USAO the veteranrsquos legal counsel and the USDC
B To screen justice-involved veterans for eligibility for the Veterans Court the
USDC and the USAO agree to do the following
(1) Upon notification of a defendantrsquos veteran status in consultation with the USPO the USAO shall perform a preliminary eligibility screening of the veteran A veteran is disqualified from participation in the Veterans Court if the veteran has a prior or current conviction for a ldquosexual offenserdquo as defined in sect 46-23-502(9) MCA or a ldquoviolent offenserdquo as defined in sect 46-23-502(13) MCA As allowed by law or existing policy in its sole discretion the USAO may plea bargain a disqualifying offense to qualify a veteran for Veterans Court Military discharge status is not disqualifying Contemporaneously the USAO shall determine if it is willing to recommend the veteran for Veterans Court The USAO shall provide the results of its eligibility screening to the veteranrsquos legal counsel USPO and the USDC
(2) If a veteran is preliminarily eligible and the USAO and USPO agree with
the veteranrsquos participation in the Veterans Court the veteranrsquos legal counsel shall inquire into whether the veteran is interested in the Veterans Court The Veterans Court is a voluntary program The veteranrsquos legal counsel shall inform the USAO USPO and the USDC of the veteranrsquos decision
(3) If a veteran agrees to participate in the Veterans Court the USPO shall obtain a copy of the veteranrsquos DD-214 or other military discharge paperwork and shall verify veteran status Upon verification of the DD-214 the USPO shall notify the Veterans Court the veteran is eligible and ready to undergo the Veterans Courtrsquos eligibility screening The USPO shall provide the Veterans Court with all pertinent information related to the veteran including a copy of the DD-214 and the results of any assessments performed by the USPO The information shared by the USPO shall be kept confidential by the Veterans Court To facilitate the transfer of information sharing the USPO shall require the veteran execute a release of information to the Veterans Court
Page 2 of 8
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
C To screen eligible veterans for the Veterans Court the Veterans Court agrees to do the following
(1) Upon receipt of the veteranrsquos name and information from the USPO the
Veterans Court shall undertake a riskneeds assessment1 of the veteran if necessary The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the riskneeds assessment It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the assessment The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the assessment
(2) Contemporaneously the Veterans Court shall undertake a chemical dependency evaluation andor mental health assessment of the veteran The Veterans Court shall notify the veteranrsquos legal counsel of the name and contact information of the individual who will complete the chemical dependency evaluation andor mental health assessment of the veteran It shall be the responsibility of the veteran andor the veteranrsquos legal counsel to schedule the evaluation The Veterans Court reserves the right to reject a veteran who unnecessarily delays completing the evaluation
(3) The Veterans Court shall promptly review the assessment and evaluation results and decide whether the veteran is accepted into the Veterans Court It is the sole discretion of the Veterans Court to accept a veteran The Veterans Court shall follow its policies and procedures manual in reaching this decision The Veterans Court shall communicate its decision and the specific bases of that decision along with any available documents or reports to the USAO veteranrsquos legal counsel USPO and the USDC
D To enroll a veteran in the Veterans Court the USDC and the USAO agree to do the following
(1) Once a veteran is accepted by the Veterans Court the USAO veteranrsquos
legal counsel USPO and the USDC shall work together to facilitate the veteranrsquos enrollment into the Veterans Court
(2) If the USAO agrees to a pretrial diversion of the veteranrsquos case or the USDC agrees to a probationary sentence a condition of the pretrial diversion or probationary sentence shall be the veteranrsquos enrollment in and successful completion of the Veterans Court For a misdemeanor pretrial diversion the length of the diversion shall be no less than twelve (12)
1 A ldquoriskneeds assessmentrdquo in this context is an evaluation of prognostic risks and criminogenic needs These are evidence-based evaluative tools used for suitability of various substance abuse programs See eg Douglas B Marlowe JD PhD Evidence-Based Sentencing of Drug Offenders An Analysis of Prognostic Risks and Criminogenic Needs 1 CHAPMAN J CRIM JUST 167 (2009)
Page 3 of 8
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
months and for a felony pretrial diversion the length of the diversion shall be no less than twenty four (24) months
E It is the partiesrsquo aspirational goal to Complete Section II Parts A through D
(identification through diversionsentencing) within 30 days Drug court research indicates expeditiously enrolling a participant in a treatment court program improves the participantrsquos chance of success in the program III PARTICIPATION IN VETERANS COURT
A To facilitate a veteranrsquos participation in the Veterans Court the USDC and the USAO agree to do the following
(1) The USPO shall supervise the veteran Supervision shall include regular
office visits with the veteran and random unannounced home visits (2) The USPO shall provide regular updates to the Veterans Court at least
once per week The USPO shall input progress notes into the Veterans Court database at least once per week (or e-mail progress notes to the Veterans Court coordinator) prior to Monday at 300 pm
(3) The USPO shall designate one of its probation officers as a liaison to the
Veterans Court At least once per month the liaison shall attend and participate in the Veterans Court weekly staff meeting which is presently held every Tuesday at 100 pm at the Cascade County Courthouse
(4) The USAO USPO and USDC agree to abide by sect 46-11-1111(4) MCArsquos
requirement to keep confidential the results of a veteranrsquos drug and alcohol tests administered by the Veterans Court The Montana Supreme Courtrsquos opinion in State v Plouffe 2014 MT 83 para 30 375 Mont 429 329 P3d 1255 prohibits disclosure of ldquoconfidential drug testing information to law enforcement in order to investigate a new criminal offenserdquo The USAO USPO and USDC acknowledge sect 46-11-1111(4) MCA and State v Plouffe are binding on the Veterans Court and they voluntarily agree to abide by these state laws in matters related to veterans placed into the Veterans Court Nothing herein shall confer any substantive or procedural rights on any party or participant beyond those in the Federal Rules of Criminal Procedure and Federal Rules of Evidence nor shall it be construed as waiving any participantrsquos constitutional or statutory rights Nothing herein shall bind any court to a particular remedy
(5) If a veteran has not successfully completed the Veterans Court by the end
of their term of supervised release or probation the parties may apply to the USDC for an extension of the term to allow the veteran to complete the Veterans Court The USDC will review and decide the application pursuant to FRCrimP 321 and 18 USC sectsect 3563 3564 and 3583
Page 4 of 8
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
B To facilitate a veteranrsquos participation in the Veterans Court the Veterans Court agrees to do the following
(1) The Veterans Court shall enroll an accepted veteran into the Veterans
Court as soon as practicable The Veterans Court shall require the veteran to sign the Participant Handbook and shall provide legal counsel to the veteran throughout hisher participation in the Veterans Court
(2) The Veterans Court shall develop an individualized treatment plan and
make referrals to providers impose weekly requirements on the veteran regularly monitor the veteranrsquos compliance with court requirements and require the veteran to comply with random frequent drug and alcohol testing The Veterans Court shall pay the cost for the drug and alcohol testing and veteranrsquos chemical dependency andor mental health treatment
(3) The Veterans Court may impose a weekly fee to veteran participants
presently $15 payable to the Veterans Court (4) The Veterans Courtrsquos internal policies and procedures manual shall govern
its obligations to the veteran while the veteran participates in the Veterans Court
IV GRADUATION OR TERMINATION FROM VETERANS COURT
A Graduation from Veterans Court If a participant successfully completes the Veterans Court the Veterans Court shall
graduate the veteran from the program Upon graduation the Veterans Court may recommend the USAO or USDC in their sole discretion discharge the remainder of the veteranrsquos diversionary term or probationary sentence This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a graduated veteran
B Termination from Veterans Court If a veteran does not successfully complete the Veterans Court and the Veterans Court
believes it can no longer provide services to the veteran the Veterans Court will hold a termination hearing The Veterans Court will receive evidence as to the veteranrsquos noncompliance The veteran shall be represented by legal counsel and shall be afforded a hearing to present evidence upon hisher behalf It is in the sole discretion of the Veterans Court whether it should terminate a veteran from the program Upon termination the Veterans Court shall notify the USAO USPO and the USDC of the termination and shall refer the matter to these parties for further disposition of the veteranrsquos case This shall signify the conclusion of the Veterans Courtrsquos obligations under this agreement regarding a terminated veteran
Page 5 of 8
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
V INFORMATION SHARING AND CONFIDENTIALITY A The Veterans Court is obligated to gather and report certain veteran offender
statistics for legislative and grant audits and the parties will work cooperatively to exchange information and data and respond promptly to requests for information The parties shall provide all other parties their auditors or their authorized agents reasonable access to records necessary to the Veterans Courtrsquos compliance with applicable laws and grants
B Veterans Court hearings are open to the public Veterans Court staff meetings
and communications are confidential The parties may obtain and share confidential information about a veteran (including but not limited to confidential criminal justice information and individually identifiable health information) All such confidential information shall remain confidential The parties shall try to ensure the confidentiality of protected information The parties shall abide by all federal state and local laws rules and regulations governing the confidentiality and privacy of protected information The parties shall ensure a veteran has signed a release of information among the parties before any confidential information is transmitted If a veteran revokes a release of information the parties shall immediately notify the other parties of the revocation and shall limit further communications to unprotected information If a release of information is revoked the Veterans Court may initiate termination proceedings against the revoking veteran VI GENERAL TERMS
A Liaisons All project management and coordination of this MOU must be through a single point of
contact designated as the partyrsquos liaison Hon Gregory G Pinski or his designee is the Veterans Court liaison
415 2nd Ave N Rm 307 Great Falls MT 59401 Telephone (406) 454-6894 Fax (406) 454-6946 E-mail gpinskimtgov
Hon Dana L Christensen or his designee is the USDCrsquos liaison
Chief US District Judge 201 E Broadway Missoula MT 59802 Telephone (406) 829-7140 Facsimile (406) 542-7284 E-mail Dana_Christensenmtduscourtsgov
Hon Michael W Cotter or his designee is the USAOrsquos liaison
United States Attorney 901 Front St
Page 6 of 8
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Helena MT 59626 Telephone (406) 457-5120 E-mail MichaelCotterusdojgov
B Limitation Nothing in this MOU shall be construed as obligating the United States the State of
Montana the Veterans Court or any other public agency their officers agents or employees to expend any funds in excess of appropriations authorized by law
C Third-Parties and Appeals
Nothing in this MOU may be the basis of any third party challenges or appeals Nothing
in this MOU creates any rights or causes of action in persons not parties to this MOU D Modification
Any modifications of this MOU must be in writing and approved by all parties E Termination Any party may terminate its participation in this MOU by providing written notice to all
other parties not less thirty (30) days prior to the effective date of such termination If a party terminates its participation in the MOU the parties agree to honor any and all agreements entered into with participating veteran-defendants until the conclusion of their criminal case The partiesrsquo obligations under Sections III(A)(4) V and VI shall survive termination of this MOU
F Severability The terms of this MOU are severable If any term or condition is determined by a court
of competent jurisdiction to be invalid it shall be considered deleted and shall invalidate none of the remaining terms and conditions
G Further Assurances
The parties shall execute such further documents and do any and all such further things as
necessary to implement and carry out the intent of this MOU H Execution and Effective Date This MOU may be by executed in separate counterparts each of which when executed
and delivered will be deemed an original and all of which taken together will constitute one and the same agreement Facsimile signatures are acceptable This MOU shall be effective when signed by the last signatory
Page 7 of 8
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
APPENDIX B
US DISTRICT COURT DOCUMENTS RE SENTENCING AND
VETERANS TREATMENT COURT
INDEX
DOCUMENT PAGE
Indictment B-1
Plea Agreement B-3
Sentence B-12
Veterans Treatment Court Probation Modification B-17
Veterans Treatment Court Sentence B-20
Veterans Treatment Court Judgment B-22
Veterans Treatment Court Sanction Report B-26
Probation Revocation B-29
Probation Reinstatement B-32
Veterans Treatment Court Status Report B-39
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
LAURA B WEISS Assistant US Attorney US Attorneys Office 901 First Street Suite 1100 Helena MT 59626 Phone (406) 457-5120 FAX (406) 457-5130 E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
FILED SEP 04 2014
Clerk us Disltict Court Dislnct OfMonlana
Great Fal
UNITED STATES OF AMERICA
Plaintiff
vs
FREDERICK MICHAEL CAMPBELL and FRANK AUSTIN DAMON
Defendants
CR 14- 8D -GF-BMM
INDICTMENT
THEFT Title 18 USC sect 1153661 and 2 (Penalty fIVe years imprisonment $250000 fine and three years supervised release)
THE GRAND JURY CHARGES
On or about March 20 2013 at Wolf Point in the State and District of
Montana and within the exterior boundaries of the Fort Peck Indian Reservation
being Indian Country the defendants FREDERICK MICHAEL CAMPBELL and
FRANK AUSTIN DAMON Indian Persons did knowingly steal and purloin the
1
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 1 of 2
B-1
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
personal property of another that is profits from the Wolf Point ALCO store and
did aid and abet in the same in violation of 18 USC sectsect 1153661 and 2
A TRUE BILL
FOREPERSON
MICHAEL W COTTER United States Attorney
r JOSEPH E THAGGARD v
Criminal Chief Assistant US Attorney
Crim Summons Warranl VV
--
801____
2
Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2
B-2
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
LAURA B WEISS Assistant US Attorney US Attorneys Office FILED 901 First Street Suite 1100 fC 132014Helena MT 59626 Phone (406) 457-5120 Clergt JS Distrtct CourtD middotct OfMontanaFAX (406) 457-5130 Falls E-mail LauraWeissusdojgov
ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
UNITED STATES OF AMERICA CR 14-80-GF-BMM
Plaintiff PLEA AGREEMENT
vs
FRANK AUSTIN DAMON
Defendant
Pursuant to Rule 11 ofthll Federal Rules of Criminal Procedure the United
States of America by Laura B Weiss Assistant United States Attorney for the
District ofMontana and the defendant FRANK AUSTIN DAMON and his
attorney have agreed upon the following
1 Scope This plea agreement is between the United States Attorneys
1 Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9
B-3
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
----i
Office for the District of Montana and defendant It does not bind any other
federal state or local prosecuting administrative or regulatory authority or the
United States Probation Office
2 Charges Defendant agrees to plead guilty to the single count of the
Indictment which charges Theft in violation of 18 USC sectsect l153(a) 661 and 2
That count carries a maximum punishment five years imprisonment a $250000
fine three years supervised release and a $100 special assessment
3 Nature of the Agreement The parties agree that this plea agreement
shall be filed and becolle a part of the record in this case and will be governed by
Rule 11(c)(l)(A) and (B) Federal Rules oCriminal Procedure The Defendant
acknowledges that tile agreement will be fulfilled provided the United States
makes the recommendations provided below The Defendant understands that if
the agreement is accepted there will not be an automatic right to withdraw the plea
even if the Court does not accept or follow the recommendations made by the
United States
4 Admission of Guilt The defendant will plead guilty because
defendant is in fact guilty of the single count contained in the Indictment In
pleading guilty to that count the defendant acknowledges that
First the Frank Austin Damon is an Indian person
2
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 2 of 9
B-4
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Second the crime occurred within the exterior boundaries of the Fort Peck Indian Reservation
Third that Frank Austin Damon did take and carry away the personal property of another and
Fourth that Frank Austin Damon did so with the intent to steal or purloin
5 Waiver of Rights by Plea
(a) lhe government has a right to use against the defendant in a
prosecution for perjury or false statement any statement that the defendant gives
under oath during plea colloquy
(b) The defendant has the right to plead not guilty or to persist in a
plea ofnot guilty
(c) The defendant has the right to a jury trial unless the defendant
by written waiver consents to a non-jury trial The government must also consent
and the court must approve a non-jury trial
(d) The defendant has the right to be represented by counsel and if
necessary have the court appoint counsel at trial and at every other stage ofthese
proceedings
(e) If the trial is a jury trial the jury would be composed of 12
laypersons selected at random The defendant and defense attorney would have a
10 -25 -( 3 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 3 of 9
B-5
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
say in who the jurors would be by removing prospective jurors for cause where
actual bias or other disqualification is shown or without cause by exercising
peremptory challenges The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty The jury would be instructed that the
defendant is presumed innocent and that it could not convict the defendant unless
after hearing all the evidence it was persuaded of the defendants guilt beyond a
reasonable doubt
(f) If the trial is held by the judge without a jury the judge would
frod the facts and deterfnine after hearing all the evidence whether or not he was
persuaded of the defeJdants guilt beyond a reasonable doubt
(g) At a trial whether by a jury or a judge the government would
be required to present its witnesses and other evidence against the defendant The
defendant would be able to confront those government witnesses and the defense
attorney would be able to cross-examine them In tum the defendant could preserit I
witnesses and other evidence on the defendants own behalf If the witnesses fori
the defendant would not appear voluntarily their appearance could be mandated
through the subpoena power ofthe court
(h) At a trial there is a privilege against self-incrimination so that
the defendant could decline to testify and no inference ofguilt could be drawn
from refusal to testify Or the defendant could exercise the choice to testify on his
Date4 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9
B-6
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
own behalf
(i) If convicted and within 14 days ofthe entry ofthe Judgment
and Coinmitment the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine ifany errors were made
which would entitle the defendant to reversal of the conviction
CD The defendant has a right to have the district court conduct the
change of plea heating required by Rule II Federal Rules afCriminal Procedure
By execution of this agreement the defendant expressly waives that right and
agrees to hold that healing before and allow the Rule II colloquy to be conducted
by the US Magistrlle Judge
The defendary understands that by pleading guilty pursuant to this
agreement defendlnt is waiving all the rights set forth in this paragraph The
defendants attorney has explained these rights and the consequences of waiving
these rights II
i
6 Recommendations The United States will recommend the
defendants offense level be decreased by two levels for acceptance of
responsibility under USSG sect 3Ell(a) and will move for an additional one-level
reduction under USSG sect 3E11 (b) ifappropriate under the Guidelines unless the
defendant is found to have obstructed justice prior to sentencing USSG sect 3C 11
lhl3-1tj 5 Date
or acted in anyway inconsistent with acceptance ofresponsibility T
AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 5 of 9
B-7
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
reserve the right to make any other arguments at the time of sentencing The
defendant understands that the court is not bound by this recommendation
7 Sentencing Guidelines Although advisory the parties agree that the
US Sentencing Guidelines must be applied and a calculation determined as part
of the protocol of sentencing to determine what sentence will be reasonable
8 Mutual Conditional Wavier ofAppeal The defendant
acknowledges that 18 USC sect 3742(a) affords him the right to appeal the sentence
imposed in this case The prosecution has a comparable right ofappeal providetin
18 USC sect 3742(b) By this agreement the defendant waives his right to appeal
gtmy pd oftho idudi =ditio of probrion oc upeid rel1 if the defendant has objection to the calculation of the guidelines and the
sentence imposed is within or below the range provided for by that calculation
The United States waives its right to appeal any aspect of the sentence if it has no i I
objection to the calculation of the guidelines and the sentence imposed is within oji
above the range provided for by that calculation
9 Voluntary Plea The defendant and defendants attorney
acknowledge that no threats promises or representations have been made to
induce the defendant to plead guilty and this agreement is freely and volbntarily
endorsed by the parties
10 Waiver of Objection to Allocution Use in the Event of
amp-6 AUSA Date
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9
B-8
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Withdrawal of Guilty Plea The defendant further agrees that any statements
made by him or on his behalf in the change ofplea proceedings in this matter may
be used against him later at a trial on the merits should he withdraw his guilty plea
The defendant hereby expressly waives any objection to such use under Rule 410
Federal Rules aEvidence and Rule 11(f) Federal Rules aCriminal Procedure if
he successfully withdraws the plea entered pursuant to this agreement
11 Disclosure of Financial Information The defendant authorizes the
US Probation Office to release to the Financial Litigation Unit of the US
Attorneys Office all qocuments and fmancial information provided by the
defendant to the Office and any information obtained by the US
Probation Office abbut the defendant through its investigation The defendant - i
further agrees to filly complete a financial statement in the form prescnbed by the
US Attorneys Office provide financial documents as requested and submit to a i
debtors exam ifdeemed appropriate by the US Attorneys Office pre-sentencin
in order to evaluate the defundants ability to satisfy any financial obligation
imposed by the Court The defendant consents to being immediately placed on the
Treasury Offset Program to help meet the defendants obligation to pay restitution
andor a fme
12 DetentionfRelease After Plea The parties agree that the defendant
is likely to be determined to be a Zone A offender (0-6 months) and therefore the
(h13-P- Date7 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 7 of 9
B-9
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
advisory guidelines do not recommend a term of imprisonment 28 USC sect 994
The law does not recommend or mandate detention upon conviction The United
States lgrees to withhold any objection to the defendants continued release after
plea pending sentencing on the same conditions that governed his pre-plea
release 18 USC sect 3 I 43(a)(I)
13 Breach If defendant breaches the terms ofthis agreement or
commits any new criminal offenses between signing this agreement and
sentencing the US Attorneys Office is relieved of its obligations under this
agreement but defendant may not withdraw any guilty plea
14 Entire ilgreement Any statements or representations made by the
United States the dfendant or her counsel prior to the full execution of this plea t
agreement are sucentrseded by this plea agreement No promises or representations 1
have been made by the United States except as set forth in writing in this plea
agreement This plea agreement constitutes the entire agreement between th1
parties Any term or condition which is not expressly stated as part ofthis I plea agreement is not to be considered part of the agreement
1
A Irrlaquo3-11- Date8 AUSA
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 8 of 9
B-10
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
MICHAEL W COTTER United States Attorney
fpLAURA bull Assistant Us Attorney
IN DAMON Defe1lltljInf
Austin Damon
bullo-omiddotp Date9
Case 414-cr-00080-BMM Document 40 Filed 111314 Page 9 of 9
B-11
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
A0245B (Rev 0911) Judgment in a Criminal Case Sheet I FILED
UNITED STATES DISTRICT COURT FEB 062015 District of Montana at Great Falls Clerk
US District Court UNITED STATES OF AMERICA j JUDGMENT IN A
v FRANK AUSTIN DAMON
THE DEFENDANT lij(pleaded gUilty to count(s 1 of the Indictment
o pleaded nolo contendere to count(8) which was accepted by the court
o was found guilty on counl(s) after a plea of not guilty
The defendant is adjudicated guilty of these offenses
Tille amp Section Noture of Offense
18UsC sectsect 1153 661 2 Theft
The defendant is sentenced as provided in pages 2 fhrough the Sentencing Reform Act of 1984
o The delendant has been found not guilty on count(s)
) ) Case Number CR 14-SO-GF-BMM-02) ) USM Number 13412-046 ) ) Dana Ann _______
Defendants Attorney
--- -- ---
Offense Ended
32012013
__5__ of this judgment The sentence is imposed pursuant to
o Count(s) _____ 0 is o are dismissed on the motion of the United States
It is ordered Chat the defendant must notify the United States attorney for fhis district within 30 da)s ofany change ofname residence or mailing address until aU lines restitution costs) and special assessments imposed bv this iudgment are fully paid Ifordered to pay restitution the defendant must notify the court and Vnited attorney ofmaterial cnanges in economIC circumstances
-==---- Brian ____U=nitedtaIllDistrict Jud31
Name an(Yitleof Judge
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 1 of 5
B-12
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AO 2458 Rev 09[ I) Judgment in a Criminal Ca1C Sltee( 4--Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
PROBATION
The defendant is hereby sentenced to probation for a term of
4 years
The defendant shall not commit another federal state or local crime
The defendant shall not unlawtblly possess a controlled substance The defendant shall refrain from any unlawful use of a controlled substance The defendant shaH sulimit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter as determined by the court
o The above drug testing condition is suspended based on tbe courts determination that the defendant poses a low risk of future substanee abuse (Check ifapplicable)
The defendant shall not possess a firearm ammunition destruetive device or any other dangerous weapon (Check ifapplicahle)
The defendant shall cooperate in the collection of DNA as directed by the probation officer ifapplicable)
The dcfendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 USC sect 16901 e seq) as directed by the probation officer the Bureau ofPrioons or any state sex offender registration agency in which he or she resides works is a student or was convicted of a quaHfring offense (ChecK ifapplicablej
o Themiddot defendant shall participate in an approved program for domestie violence (Check ifappUcable)
Ifthis judgment imposes a flne or restitution it is a condition of probation tbat the defendant pay in accordance with the Sehedule of Payments sheet offhis judgment
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attacbed page
STANDARD CONDITIONS OF SUPERVISION 1) the defendant shaH not leave the judicial district without the permission of the court or probation officer
2) the defendant shall report to the probation offieer in a manner and frequency directed by the court or probation officer
3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation om
4) the defendant sball support his or hcr dependents and meet other fumily responsibilities
5) the defendant shalt work regularly at a Illwful oeeupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least ten days prior to any change in residenec or employment
7) themiddot defendant shall refrain from excessive use of alcohol and shalf not purchase possess usc distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances arc illegally sold used distributed or administered
9) the defendant shall not associate with any rersons engaged in criminal activity and shan not assoeiate with any person convicted of a felony unless granted permission to do so by the probation officer
10) the defendant shall permit a probation ofticer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observeo in plain view of the probation officer
II) the defendant shall notify the probation officer within seventy-two hours ofbeing arrested or questioned by a law enforcement offieer
12) the defendant shaH not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court and
13) as directed by the probation officer the defendant sball notifY tbird parties ofrisks that may be occasioned by the defendants criminal record or personal hlstorv or characteristics and shaH permit the probation officer to make such notifications and to confirm the defendants compliance with such notjfieation requirement
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 2 of 5
B-13
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AO 245B (Rev 09l11JlJdgment in a Criminal Case Sheet 4C Probation
DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
Judgment-Page of 5
SPECIAL CONDITIONS OF SUPERVISION
1 The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
2 The defendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect 10 marijuana only
3 The defendant shall not ingest or inhale aflY toxic substance such as but nollimited to synthetic marijuana andlor synthetic stimulants not manufactured for human consumption for the purpose of altering his mefltal or physical state
4 The defendant shall participate in substance abuse testing to include not more than 104 urinalysis tests and not more than 104 Breathalyzer tests annually during the period of supervision The defendant is to pay all or part of the costs of testing as determined by the United States Probation Office
5 The defendant shall participate in and complete a program of substance abuse treatment as approved by the United States Probatiofl Office until the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Office
6 The defendant shall participate in a program for mental health trealment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all of the cost of this treatment as determined by the United Stales Probation Office
7 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Office
8 While on supervision the defendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
g All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
10 The defendant shall submit his person residence vehicles and papers to a search with or without a warrant by any probatiofl officer based on reasonable suspicion of contraband or evidence in violation of a condition of release Failure to submit to search may be grounds for revocation The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
11 The defendant shall pay restitution in the amount of $861595 at a rate directed by the United States Probation Office Payments shall be made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falls MT 59404 and shall be disbursed to Alco Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Austin Damon Restitution
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 3 of 5
B-14
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AO 245B (Rev 091 t) Judgment in a Crimina Case SlleelS Criminal Monetary Petlalties
Judgment Page 4 of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middot80middotGFmiddot8MMmiddot02
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6
Assessment Fine Restitution TOTALS S 10000 $ WAIVED S 861595
D The determination of restitution tS deterred until An Amended Judgment in a Criminal Cas (AO USC) will be entered after sueh determination
The defendant must make restitution ineluding community restitution) to the following payees in the amount listed below
If the- defendant makes a partial payment eaeh payee shall receive an approximately proportioned payment unless otherwise in the priority order or percentage payment column below However pursuant to 18 USC sect 3664(i) all nonfederal victims must be paid betore the Umted States IS pad
Name of Payee Total Loss Restitution Ordered Priority Of Percentage
Alco Discount Store $861595
751 Freeport Parkway Coppell TX 75009
RE Alco Wolf Point MontanaFrank Austin Damon
Restitution
TOTALS $ 000 $ 861595
D Restitution amount ordered pursuant to plea agreement $
riI The defendant must pay interest On restitution and a fine of morc than $2500 un)ess the restitution or fine is paid in full before the-fifteenth day after the date of the iudgment pursuant to 18 USC sect 3612(f) All oftbe payment options on Sheet 6 may he subject to penalties for delinquency and default pursuant to 18 USc sect 3612(g)
o The court determined that the defendant does not have the ability to pay interest and it is ordered that
o the interest requirement is waived for the 0 fine 0 restitution
o the interest requirement for the D fine D restitution is modified us foHows
bull Findings for the total amount oflosses are required under Chapters 109A 110 I lOA and 1I3A ofTitle 1 g for offenses committed on or after September 13 1994 but before April 23 1996
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 4 of 5
B-15
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AO 245B (Rev 0911) Judgment in a Criminal Case Sbee 6 5hedule ofPayments
Judgment - P3ge of 5 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GFmiddotBMM-02
SCHEDULE OF PAYMENTS
Having assessed the defendants ability to pay payment of the total criminal monetary penalties is due as follows
A o Lump sum payment of$ due immediately balance due -
not later than oro o in accordance E or o Fbelow or
B 0 Payment to begin immediately (may be combined with 0 C o D or 0 F below) or
c 0 Payment in equal (eg weekly monthly quarterJyj installments of $ ___ over a period of (eg months or years) to commence (eg 30 or 60 days) after the date of this judgment or
D 0 Payment in equal __ (eg weekly monthly quarterlraquo installments of $ over a period of (eg months or years) to eommence __ (eg 30 or 60 days) after reJeaoe from imprisonment to a
term of supervision or
E 0 Payment during the tenn of supervised release will commence within (eg 30 or 60 days) after release from imprisonment The court will set the payment plan based on an assessment oftbe defendants ability to pay at that time or
F Special instructions regarding the payment of criminal monetary penalties
Restitution shall be paid at a rate directed by the United States Probation Office The special assessment shall be immediately due and payable
Unless the court has expressly ordered otherwise ifthis judgment imposes imprisonment paymentofcriminal monetarY penalties is due during imprisonment All enminal monetary penaJties exeept those payments made tbrough the Federal Bureau of Inmate Financial Responsibility Program are made to the clerk of the court
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed
o Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number) Total Amount Joint and Several Amount and corresponding payee iJ appropriate -
o The defendant shall pay the cost of prosecution
o The defendant shall pay the following court cost(s)
o The defendant shall forfeit the defendants interest in the following property to the United States
Payments shall be applied in the follOwing order (II assessment (2) restitution principal (3) restitution (4) tine principal (5) fine interest (6) community restitution (7) pena ties and 8) costs) including east of prosecution and court costs
Case 414-cr-00080-BMM Document 51 Filed 020615 Page 5 of 5
B-16
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
LODGED FILED SEP 8 iRi 1Z8
Reyen5-I SEP 222015 Cierilt us Court
Oislrict Of Montana UNITED STATES DISTRICT COURT Clerk US OiIlliiCl CourtGreat Falls Oillliict Of MontanaFOR THE GIHIFaiis DISTRICT OF MONTANA
REQUEST FOR MODIFYING THE CONDmONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
Name of Offender Frank Austin Damon Doekel Number 09774J4CROOO8O-OO2
Name of Sentencing Judicial 0ITKer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDOE
Date of Orlgillal Sentellte 0210520 15
Original Offellse 18661F LARCENY WIN SPECIAL MARlTlME JURISDICTION
Original Sentellee 4 years probation
Type of Supervision Probation Date Supervision Commenced 0210512015
PETITIONING mE COURT
r To extend the term of supervision for __ years for a total term of __ years
J To modifY the conditions of supervision as follows
Remove Condition Condition Description The Defendant shall participate ill and complete a program of inpatient substance abuse treatment referred to as the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana until the United States Probation Office releases him from the program The Defendant is to pay part or all of the cost ofthis treatment as determined by the probation office
Add Condition(s)
The defendant shall reside in a Residential Reentry Center (RRC) under contract to the United States Bureau of Prisons in the pre-release component for a period of up to 6 months at the discretion of the United States Probation Office The defendant shall abide by aU rules and regulations of the center and successfully complete any programming as deemed appropriate by the United States Probation Office
2 The defendant shall participate in and complete the Connections Corrections Program an inpatient substance abuse treatment facility located in Butte Montana until released from the program by the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 1 of 3
B-17
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Request for Modifying the Couditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
probation officer The defendant is to pay part or all of the cost of this treatment as determined by the United States Probation Officer
CAUSE bullbull
On 020512015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offenses of 1866IF LARCENY WIN SPECIAL MARITIME JURISDICTION The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced t04 years probation The defendant began the original term ofprobation on 020512015
On March 12 2015 a Report on Offender was filed with the Court alleging the defendant used methamphetamine The Court agreed with this officers recommendation that no Court action be taken at that time
On September I 2015 a petition was filed with the Court alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission or knowledge of this officer associated with convicted felons without permission from this officer failed to maintain employment adulterated a urinalysis sample and committed the criminal offense ofcriminal possession ofdrug paraphernalia in violation of45- I0-103 MCA
On September 8 20 I5 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other alleged violations Based upon the record developed during the hearing the Court found it appropriate to modify the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 142015 this officer was told by a Veteran Justice Outreach Specialist located in Helena Montana the defendant is not eligible to receive Veterans Administration (VA) benefits based on his Other than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
US Prohation Officer Recommendation
Given his ineligibility for VA services the defendant was screened and approved for placement into the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana The CCP program is a sixty day inpatient treatment facility which focuses not only on the chemical dependency issues ofeach individual but also the underlying behavioral and dysfunctional thinking patterns which contribute to or sustain chemical use and result in criminal behavior
Following successful completion ofthe CCP program this officer recommends the defendant reside in a Residential Reentry Center (RRC) for a period of up to 6 months at the discretion of the US Probation Office Should the defendant establish a stable residence employment and the
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 2 of 3
B-18
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Request for ModifYing the Conditions or Terms of Supervision Name ofOffender Frank Austin Damon Pagel
financial means to support himself in the community prior to the six month term the US Probation Officer may authorize the defendants release from the RRC
In addition to a potential RRC placement the defendant has been approved for placement into the Montana Eight Judicial District Veterans Court located in Cascade County Great Falls Montana The Veterans Court will offer the defendant structure treatment and accountability needed for his long term success as a law abiding citizen
Therefore this officer respectfully requests the Court consider the above modification in lieu of revocation Should Your Honor agree with the recommendation I have enclosed a copy of the Probation 49 Waiver of Hearing to ModifY COnditions of Supervision where the defendant has voluntarily agreed to modifY their conditions Counsel for the government and the defendant have been consulted and neither party object to the modification
This officer further recommends the defendant remain in custody of the United Slates Marshal Service pending his placement into the CCP program which should be in short order
Reviewed Respectfully I By d1(fM
Eric C Buehler Matt Rohan Supervising United States Probation United States Probation Offieer Officer Date 09152015 Date 091512015
ORDER OF COURT
r The Extension of Supervision as Noted Above (The Modification of Conditions as Noted Above f No Action r Other
Case 414-cr-00080-BMM Document 70 Filed 092215 Page 3 of 3
B-19
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM
ORDER
A hearing to determine whether the Defendant violated the terms of his
probation was held on September 8 2015 Defendant admitted that he had violated
Standard Condition 7 of his probation by using methamphetamine He denied the
other alleged violations Based upon the record developed during the hearing the
Court finds its appropriate to modify the terms of Defendantrsquos probation to include
three special conditions designed to address his substance abuse problem
Accordingly IT IS ORDERED
Defendant shall comply with the terms of probation previously imposed by
this Court on February 6 2015 and he shall also comply with the following new
special conditions
1 The Defendant shall participate in and complete a program ofinpatient substance abuse treatment referred to as the SubstanceAbuse-Residential Rehabilitation Program at Fort Harrison Veterans
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 1 of 2
B-20
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Affairs in Helena Montana until the United States Probation Officereleases him from the program The Defendant is to pay part or all ofthe cost of this treatment as determined by the probation office
2 If accepted the Defendant shall participate in and complete a programof inpatient mental health treatment referred to as the TraumaRecovery Unit at Fort Harrison Veterans Affairs in Helena Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
3 If eligible the Defendant shall participate in and complete the EighthJudicial District Veterans Treatment Court in Great Falls Montanauntil the United States Probation Office releases him from theprogram The Defendant is to pay part or all of the cost of thistreatment as determined by the probation office
IT IS FURTHER ORDERED
Defendant shall be remanded to the custody of the United States Marshals
Service pending his placement in the Substance Abuse-Residential Rehabilitation
Program at Fort Harrison Veterans Affairs in Helena
DATED this 14th day of September 2015
-2-
Case 414-cr-00080-BMM Document 69 Filed 091415 Page 2 of 2
B-21
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
1
245D (Rev OWl I ) Judgment in a Criminal Case for Revocations Sh 1 FI
APR 1 8 2013UNITED STATES DISTRICT COURT Clerk US DtstnCi LourtDistrict of Montana at Great Falls
District Of Montana Great Falls
UNITED STATES OF AMERICA Judgment in a Criminal Case v (For Revocation of Probation or Supervised Release)
FRANK AUSTIN DAMON
Case No CR 14-80-GF-BMM-02
USM No 13412-046
R Hank Branam Defendants AttorneyTHE DEFENDANT
rf admitted guilt to violation of condition() Standard Condition 7 of the term of supervision o was found in violation of conditions) __________ after denial of guilt
The defendant is adjudicated guilty of these violations
Violation Number Nature of Violation Violation Ended Use of methamphetamine 031102016
The defendant is sentenced as provided in pages 2 through _-4_ of this judgmcnt The sentence is imposed pursuant to the Sentencing Reform Actor 1984
o Thc defendant has not violated condition() _______ and is discharged as to such violationis) condition
It is ordered that the defendant must notifv the United States attorney for thi district within 30 days of anychange ofname residcnce j or mailing address untfl all fines restitution costs and special assessments imposed bv this judgment are fully paid fordered to pay restitution lhe defendant must notify the court and United Slates attorney of materiaC changes In economtc CIrcumstanceS
Last Four Digits of Defendants Soc Sec No 3431
DefendantS Year of Birth 1984
City and State ofDefendants Residence Great Falls MT
Brian Morris United States District Judge Name and Title ofJudge
041612016 Date
fJudgment
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 1 of 4
B-22
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AD 245D (Rev 09111) Judgment in a Criminal Case for Revocations Sheet 2 Imprisonment
Judgment - Page __2_ of 4 DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of
time served
o The court makes the following recommendations to the Bureau of Prisons
o The defendant is remanded to the custody of the United States Marshal
o The defendant shall surrender to the United States Marshal for this district
_________ 0 amo at o pm on
o as notified by the United States Marshal
o The defendant shall surrender for serviee of sentence at the institution designated by the Bureau of Prisons
o before 2 pm on
o as notified by the United States Marshal
o as notified by the Probation or Pretrial Services Office
RETURN
I have executed this judgment as follows
Defendant delivered on to
at ______________ with a certified copy of this judgment
UNITED STATES MARSHAL
By ______DEPUTY UNITED STATES MARSHAL
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 2 of 4
B-23
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AO 245D (Rev 09Jll) Judgmem in a Criminal Case for Revocations Sheet 3- Supervised Release
Judgment-Page __3_ of __4_ DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14-80-GF-BMM-02
SUPERVISED RELEASE
Upon retease from imprisonment the defendant shall be on supervised release for a term of 48 months
The defendant must report to the probation offiee in the distriet to which the defendant is released within 72 hours of release flom the custody of the Bureau of Prisons
The defendant shall not eommh another federal state or loeal erime
The defendant shall not unlawfullv possess a controlled substance The defendant shall refrain from any unlawful use ofa controlled substanee The defendant shall submit to one drug test within 15 days ofrelease from imprisonment and at least two periodie drug tests therealler as determined by the court
o The above drug testing eondition is suspended based on the eourts determination that the defendant poses a low risk of future substance abuse (Cheek if applicable)
t The defendant shall not fIOssess a fire-arm ammunition destructive device or any other dangerous weapon (Check if The defendant shall cooperate in the oollection of DNA as directed by the probation officer (Check if applicable)
D The defendant shall register with the state sex offender regtstratlon agency in the state where the defendant resides works) or is a student direeted by the probation officer (Check if applicable)
o The defendant shall participatc in an approved program for domestic violence (Check if applicable)
If this judgment imposes a fine or it is be a condition of supervised reJeamiddote that the defendant pay in accordance with the Schedule of Payments sheet of this jUdgment
The defendant must comply with thc standard eonditions tbat have been adopted by this court as well as with any additional conditions on the attached page
STANDARD CONDITIONS OF SUPERVISION
I) the defendant shalf not leave the judicial d1strict without the permission of the court or probation officer
2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation offieer
3) the defcndant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer
4) the defendant shall support his or her dependents and ntce other family responsibilitics
5) the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling training or other acceptable reasons
6) the defendant shall notify the probation officer at least tcn days prior to any change in residence or employment
7) the defendant shall refrain from excessive use of alcohol and shall not purchase possess use distribute or administer any controlled substance or any paraphernalia related to any controlled substances except as prescribed by a physician
8) the defendant shall not frequent places where controlled substances are illegally sold used distributed or administered
9) the defendant shall not associate with any Jcrsons engaged in criminal activi) and shall not associate with any person convictcd ofa felony unless granted pcnmssion to do so by thc probation officer
10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall pemlit confiscation ofany contraband observed in plain view ofthe probation officer
11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer
12) the defendant shall not enter into anv agreement to act as an informer or a spccial agent of a law enforcement agency without the permission ofthe eourt
13) as directed by the probation officer the defendant shall notify third parties ofrisks that may be occasioned by the defendants criminal record or (Xrsonal history or charactcrlstjcs ana shall permit the probation officer to make such notifications and to oonfinn the defendants compliance with such notificatIon requirement
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 3 of 4
B-24
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
AO 2450 (Rev (9ll) Judgment in a Criminal Case for Re OCations Sheet 3C - Supervised Release
Judgment-Page _4_ of __4-_DEFENDANT FRANK AUSTIN DAMON CASE NUMBER CR 14middotBOmiddotGFmiddotBMMmiddot02
SPECIAL CONDITIONS OF SUPERVISION
1 The offender shall be monttored by Radio Frequency (RF) Monitoring for a period directed by the United States ProbaUon Offce in conjunction with Veterans Court and shall abide by all technology requirements The participant shall pay all or part of the costs of participaUon in lIle location monitoring program as directed by the Court and the probation office This form of location monitOring technology shall be utilized to monitor the following restriction on lIle offenders movement in the community as well as other court-imposed conditions of release
You are restricted to your residence at all times except for employment education religious services medical substance abuse or mental health treatment attorney visits court appearances courtmiddotordered Obligations or other activities as pre-approved in writing by the probation office
2 The delendant shall abstain Irom the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale This condition supersedes standard condition number 7 with respect to alcohol consumption only
3 The delendant shall not purchase possess use distribute or administer marijuana or obtain or possess a medical marijuana card or prescription This condition supersedes standard condition number 7 with respect to marijuana only
4 The defendant shall not ingest or inhale any toxic substances such as but not limited to synthetic marijuana andlor synthetic stimulants that are not manufactured for human consumption for the purpose of altering his mental or physical state
5 The defendant shall participate In substance abuse testing to include not more than 104 urinalysis tests and not more than 104 breathalyzer tests annually during the period of supervision The defendant is to pay all or part 01 the costs of testing as determined by the United States Probation Office
6 The defendant shall participate in and complete a program 01 substance abuse treatment as approved by the United States Probation OffICe until the defendant is released from the program by the probation office The defendant Is to pay part or all 01 the cost of this treatment as determined by the United States Probation Office
7 The defendant shall participate in a program lor mental health treatment as deemed necessary by the United States Probation Office until such time as the defendant is released from the program by the probation office The defendant is to pay part or all olthe cost of this treatment as determined by lIle United States Probation Office
8 The defendant will provide the United States Probation Office with any requested financial information and shall incur no new lines of credit without prior written approval of the United States Probation Offce
9 While on supervision the delendant will fulfill all tax obligations in adherence to Internal Revenue Service requirements
10 All employment must be approved in advance in writing by the United States Probation Office The defendant shall consent to third-party disclosure to any employer or potential employer
11 The delendant shall submit their person residence place of employment vehicles and papers to a search with or without a warrant by any probation officer based on reasonable suspicion of contraband or evidence in violation of a condition 01 release Failure to submillo search may be grounds for revocation The defendant shall warn any other occupants thatthe premises may be subject to searches pursuant to this condition The defendant shall allow seizure of suspected contraband for further examination
12 The defendant shall partiCipate in and successfully complete lIle Eighth Judicial District Veterans Treatment Court In Great Falls Montana until the United Stales Probation OffIce releases him from the program The defendant is 10 pay part of all the cost of this treatment as directed by the probation office
13 The defendant shall pay restitution in the amount of $861595 The delendant is to make payments at a rate directed by the United States Probation Office Payment shall ba made to the Clerk United States District Court Missouri River Courthouse 125 Central Avenue West Suite 110 Great Falis MT 59404 and shall be disbursed to Alec Discount Store 751 Freeport Parkway Coppell TX 75009 Re Alco Wolf Point MontanaFrank Damon
Case 414-cr-00080-BMM Document 94 Filed 041816 Page 4 of 4
B-25
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
FILED l1f)DGED MAR 1 5 2016
UNITED STATES DISTRICT COURT Clerk us District Court District Of Montana
FOR Great Falls Cierilt us District Court
District Of Montana DISTRICT OF MONTANA Great Falls
Report on Offender Under Supervision
Name of Offender Frank Austin Damon Docket Number 0977 4 14CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
Original Offense 1866IF THEFT
Original Sentence 48 months probation
Type of Supervision Probation Date Supervision Commenced 02052015
NON-COMPLIANCE SUMMARY
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 1866IF THEFT The offense involved the defendant and a co-defendant staging a robbery at the ACo Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 12 2015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans recommendation that no court action be taken at that time
On September I 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission failed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modifY the terms of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshall Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 1 of 3
B-26
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 14 201S a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The VA believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 152015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility located in Butte Montana Upon completion of the CCP the defendant was immediately placed in the Montana Eight Judicial District Veterans Court in Great Falls
Since that time the probation officer believes the offender has violated the following condition of superVISIOn
Violation Number Nature of Noncompliance
I Standard Condition The defendant shall refrain from any unlawful use of a controlled substance
On February 22 201 S while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission form admitting to using methamphetamine and attempting to tamper with his urinalysis
US Probation Officer Action
On February 222016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Sinee the defendant received a sanction from Veterans Court it is my recommendation he remain on supervision and continue with Veterans Court Any further violations will be reported to the Court
Reviewed 7 ) Respectfully Submitted
By By lt
Tom Kelly S perlaquosing United States Probation Officer United States Probation Officer I bull ate 0311 012016 Date 0311 0120 16f
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 2 of 3
B-27
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Report on Offender Under Supervision Name of Offender Frank Austin Damon Page 3
ORDER OF COURT
r Submit a Request for Modifying the Condition or Term of Supervision
r Submit a Request for Warrant or Summons
1AgreeS with US Probation Officers recommendation
United States District Judge
Case 414-cr-00080-BMM Document 81 Filed 031516 Page 3 of 3
B-28
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
FILED PROB 12C MAR 1 6 2016 DMT Rev9-IS
Cierilt U S Distnct Court UNITED STATES DISTRICT COURT District Of Montana Great Falls
FOR THE DISTRICT OF MONTANA
Petition for Warrant for Offender Under Supervision
Name of Offender Frank Austin Damon Docket Nnmber 0977 414CR00080-002
Name of Sentencing Judicial Officer THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE
Date of Original Sentence 02052015
OriginalOffellle 18 UsC sectsect 11536612 F -- Theft
Original Sentence 48 months probation
Type of Snpervision Probation Date Snpervision Commenced 02052015
Assistant US Attorney Bryan Dake 119 1st Ave N 300 Great Falls MT 59401 (406) 761-7715
Defense Attorney Hank Branom Federal Defenders Office 104 2nd St South Great Falls MT 59401 (406) 727-5328
PETITIONING THE COURT
Background
On 02052015 the defendant appeared for sentencing before THE HONORABLE BRIAN MORRIS UNITED STATES DISTRICT JUDGE having pled guilty to the offense of 18 USC sectsect 11536612 F-Theft The offense involved the defendant and a co-defendant staging a robbery at the Alco Store in Wolf Point Montana The defendant was sentenced to 48 months probation He began the current term of supervised release on 02052015
On March 122015 a Report on Offender was filed alleging the defendant used methamphetamine The Court agreed with USPO Rohans rec)mmendation that no court action be taken at that time
On September 1 2015 a petition was filed alleging the defendant had violated the conditions of probation in that he used methamphetamine relocated without permission associated with convicted felons without permission tailed to maintain employment adulterated a urinalysis sample and committed the offense of criminal possession of drug paraphernalia
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 1 of 3
B-29
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 2
On September 8 2015 the defendant appeared before the Court and admitted he had violated Standard Condition 7 of his probation by using methamphetamine He denied the other violations Based upon the record developed during the hearing the Court found it appropriate to modify the tenns of his probation to include three special conditions designed to address his substance abuse problems The defendant was remanded to the custody of the United States Marshals Service pending his placement in the Substance Abuse-Residential Rehabilitation Program at Fort Harrison Veterans Affairs in Helena Montana
On September 14 2015 a Veterans Justice Outreach Specialist in Helena notified USPO Rohan the defendant was not eligible to receive Veterans Administration (VA) benefits based on his Other Than Honorable discharge from the military The V A believes the defendant served one continuous service with the Marine Corps (2004-2009) not two services as previously believed
On September 15 2015 a petition to modify the defendants conditions was submitted On September 22 the Court agreed to modify his conditions to include placement at the Connections Corrections Program (CCP) a United States Probation contracted inpatient treatment facility in Butte Montana Upon completion of the CCP the defendant was immediately placed in Montana Eight Judicial District Veterans Court in Great Falls
On March 102016 a Report on a Offender was filed notifying the Court that on February 222015 while submitting a urinalysis at the Great Falls Transition Center the defendant was observed with a bottle of urine next to his penis Once confronted he signed an admission fonn admitting to using methamphetamine and attempting to tamper with his urinalysis On February 22 2016 during Veterans Court Judge Pinski ordered the defendant into custody for 14 days The defendant was released on February 8 2016 Since the defendant received a sanction from Veterans Court it was this officers recommendation he remain on supervision and continue with Veterans Court and any further violations would be reported to the Court The defendant was released from jail on March 8 2016
Since that time the probation officer believes the offender has violated the following condition of supervision
Violation Number Nature of Noncompliance
Standard Condition No7 The defendant shall refrain of alcohol and shall not purchase possess use distributcontrolled substance or any paraphernalia related substances except as prescribed by a physician
froe oto
m exr admany
cessive use inister any controlled
On March 10 2016 two days after being released from custody the defendant used methamphetamine On March 15 2016 he admitted and signed an admission fonn stating he snorted methamphetamine
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 2 of 3
B-30
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Petition for Warrant for Offender Under Supervision Name of Offender Frank Austin Damon Page 3
According to 18 USC sect 3583(g)(4) If the defendant as part ofdrug testing tests positive for illegal controlled substances more than 3 times over the course of 1 year the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3)
AFFlDA VIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 USC sect 1746 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge Based on the information presented that the offender has violated conditions of supervision I am petitioning the Court to issue a warrant
Reviewed Respectfully Submitted
L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016
By By
ORDER OF COURT
I tind there is probable cause to believe the otTender has onditions of supervision supported by the above affirmation r Ity of perju e C orders the issuance of a warrant Considered and ordered this day of 2016 and ordered filed UNDER SEAL and made a part 0 t e records in the a ve case
IT IS FURTHER ORDERED that upon notification to the Clerk of Courts Office that the above named Defendant has been taken into custody etition for Warrant or Summons for Offender Under Supervision shall be unsealed
Uuited States District Judge
3JhitJJ I Date
Case 414-cr-00080-BMM Document 82 Filed 031616 Page 3 of 3
B-31
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Plaintiff
vs
FRANK AUSTIN DAMON
Defendant
CR 14-80-GF-BMM-02
FINDINGS ANDRECOMMENDATIONS TOREVOKE DEFENDANTrsquoSSUPERVISED RELEASE
I Synopsis
Mr Damon was accused of violating his conditions of supervised release by
using methamphetamine He admitted the violation Mr Damonrsquos supervised
release should be revoked He should be sentenced to time served and 48 months
of supervised release
II Status
In November 2014 United States District Court Judge Brian Morris
accepted Mr Damonrsquos plea of guilty to the crime of Theft Mr Damon was
1
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 1 of 7
B-32
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
sentenced to four years of probation (Doc 51) He began his term of supervised
release on February 5 2015 (Doc 82)
On March 12 2015 the United States Probation Office filed a Report of
Offender under Supervision notifying the Court that Mr Damon had used
methamphetamine (Doc 55)
On September 1 2015 the United States Probation Office filed a petition to
revoke Mr Damonrsquos supervised release The Probation Office alleged Mr Damon
violated the conditions of his supervised release by using methamphetamine
failing to notify his probation officer prior to a change in residence associating
with convicted felons failing to answer truthfully all inquiries by his probation
officer failing to participate in substance abuse testing committing a new crime
and failing to work regularly at a lawful occupation (Doc 60) At a revocation
hearing on the petition Mr Damon admitted he had used methamphetamine but
denied the remaining allegations in the petition Based upon the record developed
during the hearing Judge Morris modified the terms of Mr Damonrsquos probation to
include three special conditions designed to address his substance abuse problem
Judge Morris required Mr Damon to participate in a program of inpatient
substance abuse treatment and inpatient mental health treatment at Fort Harrison
Veterans Affairs in Helena Montana Mr Damon was also required to participate
2
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 2 of 7
B-33
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
in and complete the Eighth Judicial District Veterans Treatment Court in Great
Falls Montana (Doc 69)
On September 25 2015 Judge Morris modified the conditions of Mr
Damonrsquos supervision Mr Damon was not eligible to receive services through Fort
Harrison Veterans Affairs so those conditions were removed and Mr Damon was
instead required to complete the Connections Corrections Program in Butte
Montana and to reside in a residential reentry center (Doc 70)
On March 15 2016 the United States Probation Office filed a Report on
Offender under supervision notifying the Court that Mr Damon had admitted to
using methamphetamine and attempting to tamper with his urinalysis test (Doc
81)
Petition
On March 16 2016 the United States Probation Office filed a petition
asking the Court to revoke Mr Damonrsquos supervised release In the petition the
Probation Office accused Mr Damon of violating Standard Condition 7 of his
supervised release by using methamphetamine (Doc 82) Based on the petition
Judge Morris issued a warrant for Mr Damonrsquos arrest (Doc 83)
Initial appearance
Mr Damon appeared before the undersigned on March 22 2016 in Great
3
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 3 of 7
B-34
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Falls Montana Federal Defender Henry Branom accompanied him at the initial
appearance Assistant United States Attorney Jeffrey Starnes represented the
United States
Mr Damon said he had read the petition and understood the allegations Mr
Damon waived the preliminary hearing and the parties consented to the
jurisdiction of a magistrate judge for the revocation hearing The hearing
commenced
Revocation hearing
On March 22 2016 Mr Damon appeared at the hearing with Mr Branom
Mr Starnes appeared on behalf of the United States
Mr Damon admitted he violated Standard Condition 7 of his supervised
release The violation is serious and warrants revocation of Mr Damonrsquos
supervised release
Mr Damonrsquos violation grade is Grade C and his criminal history category is
I He could be incarcerated for up to 60 months He could be ordered to remain on
supervised release for up to 36 months less any custodial time imposed The
United States Sentencing Guidelines call for three to nine months in custody
The parties recommended the Court sentence Mr Damon to time served to
give him a final chance to complete the Eighth Judicial District Court Veterans
4
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 4 of 7
B-35
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Treatment Court They recommended he face continued supervision The parties
noted that this is a unique case involving a veteran who has been working with
Judge Pinski Mr Damon addressed the Court and apologizes for his actions
III Analysis
Mr Damonrsquos supervised release should be revoked because he admitted that
he violated its conditions Based upon the recommendation of the parties Mr
Damon should be sentenced to time served and 48 months of supervised release
This sentence would be sufficient given the seriousness of the violations but not
greater than necessary A downward variance from the guideline range is justified
by the unique situation and Mr Damonrsquos work in Veterans Court It is troubling
that Mr Damon violated the conditions of his release just days after his release
from custody but additional time on supervision would give Mr Damon another
opportunity to address his substance use
IV Conclusion
Mr Damon was advised that the above sentence would be recommended to
Judge Morris The Court reminded him of his right to object to these Findings and
Recommendations within 14 days of their issuance The undersigned explained
that Judge Morris would consider Mr Damonrsquos objection if it is filed within the
allotted time before making a final determination on whether to revoke Mr
5
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 5 of 7
B-36
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Damonrsquos supervised release and what if any sanction to impose Mr Damon
waived his right to appeal this sentence
The undersigned FINDS
Mr Damon violated Standard Condition 7 of supervised release byusing methamphetamine on March 10 2016
The undersigned RECOMMENDS
The District Court should enter the attached Judgmentrevoking Mr Damonrsquos supervised release and sentencingMr Damon to time served with 48 months of supervisedrelease to follow The District Court should impose thesupervised release conditions that were read in opencourt and are fully set forth in the attached Judgment
NOTICE OF RIGHT TO OBJECT TO FINDINGS ANDRECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO
OBJECT
The parties may serve and file written objections to the Findings and
Recommendations within 14 days of their entry as indicated on the Notice of
Electronic Filing 28 USC sect 636(b)(1) A district judge will make a de novo
determination regarding any portion of the Findings and Recommendations to
which objection is made The district judge may accept reject or modify in whole
or in part the Findings and Recommendations Failure to timely file written
objections may bar a de novo determination by the district judge and may waive
the right to appear and allocute before a district judge
6
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 6 of 7
B-37
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Dated the 29th day of March 2016
7
Case 414-cr-00080-BMM Document 89 Filed 032916 Page 7 of 7
B-38
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 1 of 3
B-39
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3
B-40
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
9
Case 414-cr-00080-BMM Document 97 Filed 012417 Page 3 of 3
B-41
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VET COURT CON May 30 2018
Steve Tillson
Treatment Court Coordinator Circuit Court for the State of Oregon
County of Klamath
frac34 Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court
frac34 Identify in-kind resources for rural treatment courts with limited or zero budgets
frac34 Gain an understanding of justice-involved rural veteran characteristics
The Census Bureau identifies two types of urban areas bullUrbanized Areas (UAs) of 50000 or more people bullUrban Clusters (UCs) of at least 2500 and less than 50000 people ldquoRuralrdquo encompasses all population housing and territory not included within an urban area
Webster of or relating to the country country people or life or agriculture
bull County Population ndash 66935 (2017 US Census est)
bull Area ndash 6136 sq mi Density lt11 persons sq mi
bull Veterans ndash 7801 or 116 (2016 US Census est excluding active)
bull Isolated ndash 75 miles to nearest major city and VA Center
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Close working relationships Good awareness of local resources
Independentinterdependent Assumption of multiple tasks and roles
Creativity Council of State Governments A Guide to Mental
Health Court Design and Implementation New York NY Council of State Governments 2005
Collaboration produces resources Map your community Align existing resources with project Locate and invite new needed
resources
ldquoNo way hellip ldquo
o Share information o Use leadership o Mediate o Build consensus o Plan collaboratively
ldquoBut we donrsquot have hellip ldquo
o Can you get it o Find a substitute o Do without
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
VTC launched on 9 November 2010 95 veteran defendants admitted (6 female) 8 Peer Mentors 65 graduates 8 terminated 2 deceased 18 current participants 2 courtesy supervisions 2 voluntary withdrawals
Klamath County Oregon VTC 11910 to 41718 Klamath County Oregon VTC 11910 to 41718
0
10
20
30
40
50
60
70
80
Vietnam 76 - 89 Gulf OIFOEF
n=17 n=13 n=15 n=49
Klamath County Oregon VTC 11910 to 41718
52
17
13
9 6 2
1
ArmyNavyMarinesAir ForceGuard onlyCoast GuardMerchant Marine
Reflects both regular and reserve 30 enlisted in both Guard and another branch
Klamath County Oregon VTC 11910 to 41718
Misd 65
Felony 35
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Klamath County Oregon VTC 11910 to 41718
DUIDrug 20
Assault 20 Other
Person 26
Firearm 12
Theft 4
Other 18
Other Person includes Recklessly Endangering Menacing Harassment Strangulation Interfere wMaking Report Crim Mistreatment Other offenses include Public Order Traffic Property Damage Contempt
Klamath County Oregon VTC 11910 to 41718
Co-occurring
85
SUD 9
MH 6
Klamath County Oregon VTC 11910 to 41718
None 53
Increased 47
Klamath County Oregon VTC 11910 to 41718
0 10 20 30 40 50 60
Months
Shortest 69 months Longest 523 months Avg 193 months Median 169 months
2018
2017
2016
2015
2014
2013
2012
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
A Strengths Based Approach to Rural Resource Development
Steve Tillson Klamath County Circuit Court
Vet Court Con May 2018
Referrals come from
Jail Defense attorneys
Veterans Justice Outreach Veterans Service Organizations
Prosecuting Attorneys Veterans family and community
Steve Tillson Treatment Court Coordinator Circuit Court for Klamath County 316 Main Street Klamath Falls OR 97601 541 883-5503 x263 stevetillsonojdstateorus
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Rural Challenges and solutions
Challenge Lack of treatment capacity lack of access to a full continuum of treatment services and inconsistency of treatment services
Solution Meet with Single State Agency Director
Solution Consider telemedicine options to supplement a distant service provider
Solution Request free space and consider asking your treatment provider to ldquocircuit riderdquo
Solution Virtual counseling
Challenge Lack of access to adequate wrap around services for drug court participants (employment services vocational rehabilitation services medical and dental services daycare etc
Solution Ask for SPOC (Single Point of Contact) in each agency and invite to drug court activities (job training centers employment office voc rehab)
Solution Discuss needs with local faith-based organizations
Challenge Lack of Access to medical dental services
Solution Dental School
Solution Pro bono or a minimum rate (Medicaid)
Solution Recovering dentistdoctor
Solution Mentor
Solution Drug Court Team Member
Challenge Lack of parenting Classes and child care
Solution Agricultural Ext Office treatment provider local YWCA faith-based organizations domestic violence shelters foster care organizations etc
Solution Child Care local churches especially if services are held in the church
Challenge Lack of alcohol and drug free housing for drug court participants
Solution Approach landlords
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Challenge Lack of transportation for drug court participants who are unable to get to treatment meetings
Solution Bicycles
Solution Use 12 step networkalumni groupsmentors
Solution Medicaid pays for transportation for medical treatment services
Solution Move court to where participants are
Solution Deliver services in home (precautions)
Solution Faith-based organizations may have van
Challenge Inability of drug court treatment provider to find and hire qualified drug court and treatment staff and avoid excessive turnover
Solution Request help from SSA suggest manualized treatment approaches consider community college as a resource for help
Solution Consider telehealth technologies
Solution Focus on supervisory personnel to invest in drug court to help reduce problems from staff turnover
Challenge Inability of judge and drug court team members to cover vast geographic rural area to hold frequent status hearings and adequately monitor participants
Solution Conduct staffingsdockets every other week
Solution Utilize video and teleconferencing
Challenge Providing adequate training for drug court team members
Solution Center for Court Innovation on-line learning center (httpwwwdrugcourtonlineorg) NADCPNational Drug Court Institute Course offerings include
Essential Elements of Adult Drug Courts
Treating and Supervising Meth Addicts
Transitioning New Judges into Drug Court
Law Enforcement in Drug Court
Numerous webinars (many archived)
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
BJA Drug Court Technical Assistance Collaborative (American University Tribal Law and Policy Institute)
Additional resources include the National Rural Institute on Alcohol and Drug Abuse Children and Family Futures National Council of Juvenile and Family Court Judges Treatment Improvement Protocols and the CSAT Regional Addiction Treatment and Training Centers and State Drug Court Associations
Challenge Providing the resources and overcoming barriers for the provision of accurate alcohol and other drug testing at a reasonable cost that conforms with evidence based practices
bull Solution Local law enforcementhealth department bull Solution Probation officers bull Solution Use of saliva swabs (avoid gender problem)
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
Overcoming ldquoresistancerdquo What are the best ways to encourage community involvementacceptance of a new drug court 1) Keep good data on your program regarding performance criteria (eg reduction of drug use from admission to discharge employment improvement from admission to discharge educational improvement from admission to discharge re-offense rates while in the program and at least 2 years after graduating the program etc and develop an annual report to the community on the effectiveness of drug court
2) Invite and encourage local media to attend drug court graduations to provide coverage for the community
3) Develop an active Drug Court Advisory Board with Developing Community Support as one of their priority objectives
4) Do community service projects that are visible to the community and again invite the media to cover the events eg community garden where produce is provided to the elderly planting of public areas with daffodils bulbs and other plants in conjunction with the city recreationparks department if there is one maintenance of the public cemetery etc
5) Itrsquos helpful to have a judge that is willing to be your ambassador and speak to the local Rotary Lions Eagles VA and Chamber of Commerce
What suggestions would there be for an Adult Drug Court that is facing opposition from the Public Defenderrsquos office in a small community where so many qualify for Public Defender services and are being discouraged from participation in Drug Court despite their need and desire for help (a) First find out what the public defenderrsquos objections are and why they are not supportive of the drug court program If there are fundamental issues relating to the drug court process legal or other aspects of the program please consider requesting technical assistance to help address them Ensuring that constitutional and other rights of participants are protected is a critical area that should be addressed in any event If there are no fundamental legal objections the public defender has regarding the drug court or its policies and procedures then consider the following (b) Find out other concerns the PD may have with arguments to offset hisher concerns if possible Once you determine what these concerns are seek some help in developing a response Often it is because it is a hard program may be more demanding than an alternative plea offer the prosecutor is offering and the PD may fear that hisher client may not be able to complete the program and end up with a more severe sentence than if they never entered the drug court If this is the case these issues should be addressed by the team and particularly with the prosecutorjudge and PD to determine what incentives can be offered to address the PDrsquos concerns and make the program attractive to the participant ndash eg the ldquocarrotrdquo that is needed In addition you should try to convince himher that it is worth it and this can be done in several additional ways
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
- Provide them with on line learning courses that will help convince them of the benefit (see section in the new Guideline document on educational resources - Ask other public defenders who are supportive of the drug court process to talk with them about it (this may be individuals inside the state or external to the state - provide the PD data (nationalstatewidelocal that indicates that drug court is a very highly successful and highly researched strategy that is most effective - Focus on strategies to convince the potential drug court candidate that drug court is hisher best chance of getting well and being successful and why Consider using some MI approaches in order to reduce their ambivalence to do drug court and make a positive decision to try it While doing any of the above suggestions I would highly recommend that your judge be involved in the discussions with you and the PD as well for obvious reasons In Missouri one judge approached the local bar and asked them to rotate attendance at staffing and court sessions Three local attorneys volunteered and attend a staffing court session once each month All the attorneys were provided the NDCI publication for defense attorneys and have attended training at the Missouri drug court conference or through BJA Referrals have subsequently increased from local bar since the rotation began
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-
National Association of Drug Court Professionals Annual Conference Conference Sessions for Federal Practitioners
Presented by the Federal Judicial Center May 30 2018
830 ndash 900 AM Welcome Terrence Walton National Association of Drug Court Professionals
Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
900 ndash 1015 AM Where Do Federal Courts Fit in the National Picture Moderator Mark Sherman Assistant Division Director Probation and Pretrial Services Education Federal Judicial Center
Panelists Robin Grimes Chief US Probation Officer Northern District of Ohio
Dr Igor Koutsenok Professor of Psychiatry University of California San Diego Department of Psychiatry
Nataki MacMurray Public Health and Public Safety Policy Analyst Office of National Drug Control Policy
Hon Keith Starrett US District Judge Southern District of Mississippi
1015 ndash 1030 AM
Break
1030 ndash 1145 PM
Collaboration with Federal Courts to Expand Enrollment in State VTCs
Introduction Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
Presenters Hon Gregory G Pinski Montana 8th Judicial District Court
Hon Kurt G Alme United States Attorney for the District of Montana
1145 ndash 100 PM Lunch on your own
100 ndash 200 PM Breakout by Role All participants
200 ndash 230 PM Report Out and Closing Remarks Christina Ruffino Education Specialist Probation and Pretrial Services Education Federal Judicial Center
- 2018 NADCP Federal
- Rural resource development VCC-SB-3 2018 handout
- Rural Challenges and solutions VCC-SB-3 handout
- Overcoming resistance VCC-SB-3 handout
-