United States District Court, W.D. Wisconsin
D. Peterson District Judge
hearing on the probation office's petition for judicial
review of Richard L. Chapman's supervised release was
held on March 16, 2018, before U.S. District Judge James D.
Peterson. The government appeared by Assistant U.S. Attorney
Timothy O'Shea. Defendant was present in person and by
counsel, Shelley Fite. Also present was U.S. Probation
Officer Jelani Brown.
the record, I make the following findings of fact.
was sentenced in the Western District of Wisconsin on May 16,
2003, following his conviction for Bank Robbery, in violation
of 18 U.S.C. § 2113(a). This offense is a Class C
felony. He was committed to the custody of the Bureau of
Prisons to serve a term of imprisonment of 188 months, to be
followed by a three-year term of supervised release.
Restitution in the amount of $10, 289 was also imposed. On
January 5, 2018, defendant's term of supervised release
violated the mandatory condition requiring him to report to
the probation office in the district of his release within 72
hours of his release from the custody of the Bureau of
January 5, 2018, defendant was released from the custody of
the Bureau of Prisons. He contacted his probation officer via
telephone on January 8, 2018. During that telephone
conversation, defendant was instructed to report in person to
the probation office on January 10, 2018, to submit his
initial report. Defendant failed to report as instructed and
violated Standard Condition No. 3 of his supervised release
requiring him to answer truthfully all inquiries by the
probation officer and follow the instructions of the
probation officer. On January 12, 2018, defendant was
contacted by his probation officer via telephone. During that
conversation, defendant was instructed to report to the
probation office to submit his initial report on January 15,
2018. Defendant again failed to report as instructed.
violated Standard Condition No. 6 of his supervised release
requiring him to notify his probation officer within 72 hours
of any change in residence or employment. On January 17,
2018, defendant was contacted by his probation officer via
telephone. During that conversation, defendant agreed to meet
at the Rock County Job Center in Janesville, Wisconsin. U.S.
Probation Officer Michael Nolan attempted to make contact
with defendant at the job center; however, defendant was not
criminal history category is VI. When coupled with a Grade C
violation, defendant's advisory guideline range of
imprisonment is 8 to 14 months. Under 18 U.S.C. § 3583,
the statutory maximum to which defendant can be sentenced
upon revocation is two years because his original conviction
was for a Class C felony. Title 18 U.S.C. § 3583(h)
authorizes another term of supervised release to follow
imprisonment, if supervised release is revoked.
violations are concerning; however, his return to the
community from a lengthy term of incarceration, and his need
to participate in both mental health and drug treatment, are
two important sentencing factors to consider. Additional time
in custody at this juncture would not adequately address
these rehabilitative needs. Accordingly, defendant's term
of supervised release will be continued. The special
conditions will be modified to include electronic location
monitoring technology for a period of 45 days. In addition,
defendant will be required to undergo a mental health
assessment and comply with all treatment recommendations
resulting from that assessment.
ORDERED that defendant's three-year term of supervised
release is CONTINUED as entered on May 16, 2003, with the