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81
HON. GREGORY G. PINSKI D ISTRICT J UDGE M ONTANA E IGHTH J UDICIAL D ISTRICT C OURT HON. KURT G. ALME U NITED S TATES A TTORNEY FOR THE D ISTRICT OF M ONTANA Collaboration With Federal Courts to Expand Enrollment in State Veterans Treatment Courts

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Page 1: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

Violations of federal law 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-personnel Violations of federal law on tribal reservations

Federal Veterans Treatment Courts Federal Crimes

District of Utah Western District of New York Eastern District of Virginia 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

American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group

Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population

They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity

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

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 2: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Federal Jurisdiction Over Drug Cases

Violations of federal law 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-personnel Violations of federal law on tribal reservations

Federal Veterans Treatment Courts Federal Crimes

District of Utah Western District of New York Eastern District of Virginia 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

American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group

Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population

They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity

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

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 3: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Federal Veterans Treatment Courts Federal Crimes

District of Utah Western District of New York Eastern District of Virginia 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

American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group

Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population

They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity

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

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 4: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group

Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population

They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity

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

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 5: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group

Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population

They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity

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

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 6: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

American Indian Veteran Issues

American IndiansAlaskan Natives (both male and female) per capita have served in the military at a higher rate than any other ethnic group

Almost 16 of all American Indians (18 years and older) are veterans ndash compared to 9 of the general population

They have lower incomes lower educational attainment and higher unemployment than veterans of other raceethnicity

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

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 7: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 8: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Frequently Asked Questions

How are federal participants referred to the Veterans Treatment Court

What federal crimes are eligible for Veterans Treatment Court

What role do federal officials have in the Veterans Treatment Court

Are federal participants subject to Veterans Treatment Court sanctions

What difficulties exist in serving federal court participants

What steps have been taken to promote the Veterans Treatment Court option to federal defendants

Is there a limit on the number of federal defendants

Is there any issue with using state government resources for federal participants in the state program

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 9: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Benefits of Collaboration

Cost Savings Federal Prison

$3061985 annually ($4276340 Montana State Prison) Residential Reentry Center

$2899925 annually Veterans Treatment Court

$4463 per admission Justice System Racial Disparities

Population 43 American IndianAlaskan Native Prison Population

Male 196 Female 358

Veterans Treatment Court 16 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 D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 10: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Case Study

VIDEO

Case Study

Frank D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 11: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Case Study

Frank D 33 year old American Indian 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

Discharged Under Other Than Honorable Conditions Discharged for using marijuana to control

pain Drugs of Choice Methamphetamine

Opiates Marijuana Alcohol

Andrea 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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 12: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 13: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 14: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 15: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Case Study

bull Reunited with 10 year old daughter

bull Veterans Treatment Court Mentor Coordinator assisted with discharge upgrade

bull 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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 16: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 17: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

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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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

801____

2

Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2

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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 r~t 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

OJ3I~ 1 Date

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----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

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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

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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

~- tCpound8-~ Date4 AUSA

Case 414-cr-00080-BMM Document 40 Filed 111314 Page 4 of 9

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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

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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 ~o 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- IO~l3-flf 6 AUSA Date

Case 414-cr-00080-BMM Document 40 Filed 111314 Page 6 of 9

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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 U~probation 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

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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

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MICHAEL W COTTER United States Attorney

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 18: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 19: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 20: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 21: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

(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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 22: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 23: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 24: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 25: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

801____

2

Case 414-cr-00080-BMM Document 1 Filed 090414 Page 2 of 2

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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 r~t 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

OJ3I~ 1 Date

Case 414-cr-00080-BMM Document 40 Filed 111314 Page 1 of 9

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----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

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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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 26: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 27: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 28: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 29: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~J~ FOREPERSON

MICHAEL W COTTER United States Attorney

r JOSEPH E THAGGARD v

Criminal Chief Assistant US Attorney

Crim Summons

Warranl VV-shy

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 30: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 r~t 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

OJ3I~ 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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 31: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

----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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 32: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 33: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~- tCpound8-~ 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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 34: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 35: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 ~o 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- IO~l3-flf 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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 2018 NADCP Federal
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  • Rural Challenges and solutions VCC-SB-3 handout
  • Overcoming resistance VCC-SB-3 handout
Page 36: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 U~probation 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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 37: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 38: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

MICHAEL W COTTER United States Attorney

fpL~OLAURA ~WEISS bull ~ Assistant Us Attorney

tRl~~1ffl1 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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 39: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 CRlMIra~tana 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 HenkeliAppointed)_~_______

Defendants Attorney

-~----- --~-- -- shy

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 State~ attorney ofmaterial cnanges in economIC circumstances

-~======---shy

Brian Morris~____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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 40: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 (CIc~ 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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 41: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 42: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 s~cified 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 theshyfifteenth 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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 43: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 --~shy

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 Prisons~ 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 shy

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 intercs~ (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 ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 44: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

LODGED FILED SEP 8 iRi 1Z8

Reyen5-I SEP 222015 Cierilt us ~istrict 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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 45: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 46: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 SUbm~~ I BY~ 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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 47: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 48: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 49: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

1

~AO 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 Attorney

THE 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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 50: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 51: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 rcstitltion~ 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~and

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 52: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 53: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 54: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 ~dlt

~~ev~~H~~~~~--------- 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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 55: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

3fri~

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 56: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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 FshyTheft 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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 57: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 58: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

Jll~4 (~ L Kevin Heffernan Supervising United States Probation Officer Date 03162016 Date 03162016

By By -i~Jo-n~-te-~1~1~~a~~s~~ro~b4~~ti~~~~O~fftClc~e-r-------shy

ORDER OF COURT

I tind there is probable cause to believe the otTender has viol~tedonditions of supervision supported by the above affirmation given~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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 59: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 60: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 61: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 62: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 63: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 64: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 65: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 66: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 67: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

Case 414-cr-00080-BMM Document 97 Filed 012417 Page 2 of 3

B-40

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 68: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

X

1242017

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 69: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

Learn how to develop collaborative relationships with stakeholders to implement and sustain a Veterans Treatment Court

Identify in-kind resources for rural treatment courts with limited or zero budgets

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 70: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 71: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

Army

Navy

Marines

Air Force

Guard only

Coast Guard

Merchant 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

  • 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
Page 72: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

  • 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
Page 73: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

  • 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
Page 74: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

  • 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
Page 75: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

  • 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
Page 76: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

  • 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
Page 77: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

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

  • 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
Page 78: nadcpconference.orgnadcpconference.org/wp-content/uploads/2018/05/VCC-SB-3.pdf · Federal Jurisdiction Over Drug Cases Violations of federal law Violations of federal law on military

- 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

  • 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