United States District Court, W.D. Wisconsin
WILLIAM M. CONLEY DISTRICT JUDGE.
evidentiary hearing on the probation office’s petition
for judicial review of Gale A. Rachuy’s supervised
release was held on May 29 and June 6, 2019, before U.S.
District Judge William M. Conley. On June 7, 2019, the court
made the following ruling:
After reviewing the written submissions of the probation
office, hearing testimony and considering the exhibits and
arguments of the parties, I find that revocation is
warranted. Indeed, the defendant’s latest dishonesty
demonstrate that he is unsupervisable. Accordingly, the
two-year term of supervised release imposed on October 20,
2017, will be revoked.
(6/7/2019 Op. & Order (dkt. #239) at 7.) Since then,
Rachuy has filed several motions that this order resolves.
Motions for Return of Property (dkt. #240)
court previously denied Rachuy’s motion for return of
property because the government had a reasonable basis to
retain his property for use at the revocation hearing.
(5/24/19 Order (dkt. #228) at 9-10.) Now, Rachuy asks for
return of: (1) the rubber stamps, will of Timothy Rachuy and
copies of that will that Probation Officer John Pick seized
in 2019; (2) the handcuffs and business cards seized in 2017;
(3) a Lenovo laptop, seized by the FBI in 2010 and currently
held by the Superior County Police Department; and three cell
phones and various documents. Rachuy’s position is that
since the government no longer needs these items, they must
be returned as a matter of law.
U.S. Probation Office has indicated that it is willing to
return to Rachuy all of the items that have been seized from
him, with the exception of the following, which all have been
deemed to constitute contraband:
1. A notary stamp in the name of Gale Allen Rachuy.
2. A notary stamp in the name of Brent Peter Loberg.
3. Copies of a document Mr. Rachuy has claimed to be his
4. A Minnesota Foodshare card for “Houston W.
on the evidence admitted during the hearing, the court agrees
that these items constitute contraband, so they need not be
returned to Rachuy. Accordingly, the court is granting in
part and denying in part Rachuy’s motion for return of
property. The U.S. Probation Department will be required to
return to Rachuy: (1) the handcuffs and business cards
described above; (2) Rachuy’s Lenovo laptop, so long as
the laptop is still being held in the Superior Police
Department’s property room; and (3) the cellphones and
documents that have not been deemed contraband.
Motion to Amend Sentence and Release Pending Appeal (dkt.
Rachuy’s request to amend his sentence and for release
pending his appeal, Rachuy takes issue with the court’s
characterization of the evidence admitted during the
revocation hearing, and he insists that he has been falsely
imprisoned without due process. The court sees no error
warranting reconsideration of the revocation order, and the
court sees no basis to allow for Rachuy’s release
pending his appeal. Indeed, the court already considered and
rejected the notion that Rachuy would be able to comply with
the supervision conditions if given another opportunity to do
so, which was why the court declined to impose another term
of supervised release to follow Rachuy’s 21-month term
of imprisonment. (6/7/2019 Order (dkt. #239) at 8-9
(“Unfortunately, [Rachuy] has shown no interest in
participating in services to assist in changing his thinking,
has often argued about the restrictions of supervision, and
has expressed ...