United States District Court, W.D. Wisconsin
William M. Conley, United States District Judge.
hearing on the probation office's petition for judicial
review of Joshua Schaaf s supervised release was held on
October 1, 2019, before U.S. District Judge William M.
Conley. Assistant U.S. Attorney Dave Reinhard appeared for
the government. The defendant was present in person and by
counsel Erika Bierma. Also present was Senior U.S. Probation
Officer Kris Kiel.
the record, I make the following findings of fact. The
defendant was sentenced on July 20, 2012, following his
conviction for unlawful possession of firearm in violation of
18 U.S.C. § 922(g)(1), a Class C felony. The defendant
was committed to the custody of the Bureau of Prisons to
serve a 78-month term of imprisonment, to be followed by a
36-month term of supervised release.
defendant began his term of supervised release in the Western
District of Wisconsin on July 2, 2018, following a period of
prelease by the Bureau of Prisons to Rock Valley Community
Programs in Janesville, Wisconsin. The defendant moved into
an apartment with his then-girlfriend, Angel Height. At that
time, he was also employed with a trucking company in
Janesville. By November of 2018, however, the defendant was
terminated from his employment with the trucking company and
moved to Madison, Wisconsin. In May 2019, he moved to Juneau,
Wisconsin; in July 2019, he moved again to Mineral Point,
Wisconsin; and then on August 23, 2019, he claimed residence
with his mother in Madison, Wisconsin. During this period,
the defendant has also held several jobs and is presently
defendant completely missed several urinalysis appointments
since his supervision began, but he has had no positive drug
tests until recently. Apparently, his illicit drug use began
after his girlfriend, Ms. Heights, gave birth to his son,
Atlas, in May 2019 and turned over custody to the defendant
because of Ms. Height's mental health issues. Shortly
thereafter, Child Protective Services took custody of Atlas
due to allegations of the defendant's methamphetamine
use, where he remains to this day. The defendant admitted to
spiraling out of control in June 2019 when Ms. Height became
engaged to his erstwhile best friend, Sylvan Moellers. The
defendant's pending charge of disorderly conduct-domestic
violence stems from Mr. Schaaf allegedly threatening Ms.
Height and Mr. Moellers.
credit, the defendant has responded to text messages sent by
his probation officer, but he does not follow through by
keeping appointments, including drug testing appointments.
Worse, during the early morning hours of September 5, 2019,
the defendant allegedly went to his brother's home in
Fitchburg, Wisconsin, asking for money and making verbal
threats while allegedly holding a large wrench in his hand.
According to the police report, Mr. Schaaf s brother
protected himself from the defendant's attack and, in
doing so, beat the defendant with the wrench. By the time
officers had arrived, the defendant had fled the scene.
Because the defendant's brother did not want to press
charges, his probation officer contacted the defendant, who
said he was physically and emotionally hurt. The defendant
was then directed by his probation officer to report to the
probation office later that day for placement in short-term
residential drug treatment.
defendant then violated Standard Condition No. 2, requiring
him to report to the probation office as directed by his
probation officer by failing to report as directed. His
mother contacted the probation office on September 5, 2019,
and stated she would bring the defendant to the probation
office on September 6, 2019. The defendant also spoke to his
probation officer and agreed to report on September 6, 2019.
Still, again in violation of Standard Condition No. 2, the
defendant failed to report as directed.
defendant also violated his Mandatory Condition and Special
Condition No. 4, which prohibits his illegal possession and
use, respectively, of a controlled substance. Specifically,
the defendant submitted urine specimens that tested positive
for methamphetamine on August 8 and August 23, 2019. Both
tests were confirmed positive by a national testing
laboratory. He also failed to report for drug testing on
August 12 and 26, October 13, and December 7 and 16, 2018; as
well as January 16, March 26, August 7, 22 and 29, and
September 4 and 5, 2019.
defendant's criminal history score falls within Criminal
History Category VI. With a Grade B violation, he has an
advisory guideline range of imprisonment of 21 to 27 months,
however, the statutory maximum to which the defendant can be
sentenced upon revocation is two years based on his
conviction 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. The
maximum term that can be re-imposed is 36 months, less any
term of imprisonment imposed upon revocation.
with the comments by the Probation Officer, AUSA, Defense
Counsel, and Defendant, the court will enter the interim
order appearing below.
light of the discussion at today's hearing, IT IS ORDERED
that the defendant is to be RELEASED from custody under the
existing conditions of his current term of supervised release
and is to participate in inpatient substance abuse treatment
under Special Condition No. 2 as designated by the Probation
Office. This hearing on the probation office's petition
for judicial review, dated September 6, 2019, and signed by
the court on that same day, is further SUSPENDED for 45 days,
unless the probation office asks that it be held sooner due
to additional violations by the defendant. Should defendant
successfully complete the inpatient substance abuse program,
the court ...