United States District Court, W.D. Wisconsin
D. PETERSON DISTRICT JUDGE
hearing on the probation office's petition for judicial
review of Lucas Stewart's supervised release was held on
July 24, 2019, before U.S. District Judge James D. Peterson.
The government appeared by Assistant U.S. Attorney Meredith
P. Duchemin. Defendant was present in person and by counsel
David R. Karpe. Also present by telephone was U.S. Probation
Officer Brad Schalow.
the record, I make the following findings of fact.
was sentenced in the Western District of Wisconsin on August
19, 2015, following his conviction for Felon in Possession of
Ammunition, in violation of 18 U.S.C. § 922(g)(1). 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
42 months, to be followed by a three-year term of supervised
release. On November 21, 2017, defendant's term of
supervised release commenced.
violated Special Condition No. 15 requiring that he submit to
drug testing. Defendant stipulated that he missed two drug
tests, on November 19, 2018, and April 16, 2019. Evidence at
the hearing established that he also missed a drug test on
June 9, 2018, although defendant had offered an excuse for
that missed test.
violated Standard Condition No. 2 requiring him to a complete
written report within the first five days of each month.
Defendant failed to submit monthly supervision report forms
to his probation officer for the following months: January
2018, June 2018, November 2018, December 2018, January 2019,
and February 2019. Officer Schalow also testified that
defendant had not filed his report for June 2019.
also failed to follow Officer Schalow's instructions in
two respects. First, defendant did not attend any dual
diagnosis treatment between November 12, 2018, and July 3,
2019, despite the requirement in Special Condition No. 14
that he participate in mental health treatment, and the
requirement in Special Condition No. 15 that he participate
in substance abuse treatments. Second, defendant failed to
follow Officer Schalow's instruction that he not use
cannabidiol (CBD) products, pursuant to this court's
policy for those under supervision. I do not find that these
failures constitute violations because defendant's
actions do not directly contradict the written terms of his
criminal history category is V. Defendant's violations
are Grade C violations under §7B1.1(a)(3). A Grade C
violation coupled with criminal history category of V results
in an advisory guideline range of imprisonment of 7 to 13
months. The maximum term of supervised release that can be
re-imposed is 36 months, less any term of imprisonment
imposed upon revocation, pursuant to 18 U.S.C. §
has violated some terms of his supervision, but those
violations alone would not warrant revocation. His more
serious problems are: (1) he has not fully engaged in
treatment, and (2) he has engaged in disrespectful, angry,
and sometimes defiant behavior that makes him difficult to
supervise. Based on my discussion with defendant at the
hearing, I conclude the defendant's needs and the
interests of justice will best be served by continuing his
supervision under updated and clarified terms of supervision.
Accordingly, defendant's supervision is continued on the
terms below, which reflect the current versions standard and
special conditions in this district.
here a few words of explanation of the conditions most at
court's policy is that those under supervision may not
use CBD products with a prescription. CBD products may
contain enough THC to result in a positive drug test, which
would frustrate testing for marijuana use. Defendant
acknowledges that he understands the court's CBD policy
and he has agreed to the new Standard Condition No. 5.
court expects defendant to engage in regular sessions with
his mental health/substance abuse treatment provider. The
court is not satisfied with the current arrangement under
which defendant gets treatment only when he feels the need.
The court will leave it to defendant's treatment
provider, Officer Schalow, and defendant himself to set ...