United States District Court, D. Arizona
REPORT AND RECOMMENDATION
JOHN Z. BOYLE, Magistrate Judge.
TO THE HONORABLE SUSAN R. BOLTON, UNITED STATES DISTRICT JUDGE:
Pending before the Court is a Petition to Revoke Supervised Release (Doc. 3) filed on September 9, 2014. Pursuant to a Standing Order of Referral, dated July 9, 2014, the Honorable Susan R. Bolton, United States District Judge, referred the Petition to Revoke Supervised Release in the above-numbered case to the undersigned Magistrate Judge to conduct a "hearing and preparation of findings and recommendations... and submit the necessary Report and Recommendation..." as authorized under 18 U.S.C. § 3401(i) and 28 U.S.C. § 636(b)(3). The parties consented in writing that this Magistrate Judge conduct the hearing on the Petition.
I. Procedural Background
On March 11, 2002, Defendant pleaded guilty, pursuant to a plea agreement, in the District of New Mexico, to Aggravated Sexual Abuse of a Child. (Presentence Report (PSR) ¶ 4.) On July 16, 2002, the District Court of New Mexico sentenced Defendant to 180 months of imprisonment, followed by 60 months of supervised release. (Doc. 1-2.) Defendant's supervised release commenced on May 2, 2014. On May 5, 2014, Senior United States Probation Officer Josephine Begay met with Defendant and reviewed Defendant's conditions of supervised release. Defendant was referred to H & H Treatment Services for sex offender treatment, and was referred to Tuba City Regional Health Care Center for mental health treatment. Transfer of jurisdiction from New Mexico to Arizona was approved by the Honorable Susan R. Bolton on May 19, 2015. On July 23, 2014, Defendant met with Officer Begay to accept a Modification of Supervised Release Conditions. Defendant signed and dated his acknowledgement of the modifications. (Exh. 2.)
On September 9, 2014, a Petition to Revoke Supervised Release was filed alleging two violations:
A. Special Condition #13 which states, " You shall attend and participate in a sex offender treatment program and sex offense specific evaluations as approved by the probation officer. You shall abide by the policies and procedures of all the treatment and evaluation providers. You shall contribute to the cost of such treatment and assessment not to exceed an amount determined to be reasonable by the probation officer based upon ability to pay. "
Begay was unsuccessfully discharged from sex offender treatment on September 2, 2014. Grade C violation § 7B 1.1(a)(3).
B. Special Condition #24 which states, You shall participate in a mental health program as directed by the probation officer which may include taking prescribed medication. You shall contribute to the cost of treatment in an amount to be determined by the probation officer.
Begay was unsuccessfully discharged from Indian Health Services mental health treatment program. Grade C violation § 7B 1.1(a)(3).
Defendant was arrested on September 12, 2014. (Doc. 6.) Competency proceedings delayed this matter from September 18, 2014 (Doc. 7) to June 9, 2015 (Doc. 26).
On August 11, 2015, this Court conducted an evidentiary hearing. (Doc. 42.) Defendant was present and assisted by counsel. The Government presented one witness (Officer Begay) and admitted two exhibits into evidence without objection by Defendant-(1) a Discharge Summary with attachments, and (2) a Waiver and Order regarding ...