United States District Court, N.D. Iowa, Western Division
ORDER ON REPORT AND RECOMMENDATION
DONALD E. O'BRIEN, Senior District Judge.
Before the Court is a Report and Recommendation ("R&R"), issued by Magistrate Judge Leonard T. Strand, concerning the USA's Petition to Revoke Supervised Release (Docket No. 88). Docket No. 97. Following the hearing on January 15, 2015, Judge Strand issued the Report and Recommendation. Mr. Goodshield admitted the allegations, and no objections have been filed.
In a previous Order, Magistrate Strand set out the relevant background in this matter:
[b]y way of background, on May 31, 2007, Goodshield was sentenced to 70 months imprisonment and a three-year term of supervised release (TSR) based on his plea of guilty to the offense of felon in possession of a firearm. See Doc. Nos. 31, 33. Goodshield commenced his initial TSR on January 6, 2012. However, Judge O'Brien revoked his TSR on May 17, 2012, based on numerous violations of the conditions of Goodshield's TSR. Those violations included failure to comply with drug testing and treatment, use of controlled substances and failure to provide truthful information to United States Probation. See Doc. No. 50. Goodshield was sentenced to four months imprisonment and a new, three-year TSR. Id . Goodshield started his new TSR on September 14, 2012. On March 27, 2013, the conditions of his TSR were modified to include two consecutive weekends in jail based on three admitted violations. See Doc. No. 72 at 2. Again, those violations included failure to comply with drug testing and treatment, use of controlled substances and failure to provide truthful information to Probation. Id . Goodshield served the required weekends in jail.
Unfortunately, more violations soon followed, including additional false statements to Probation, continued instances of failure to comply with drug testing and continued use of controlled substances. Id. at 2-4. A new petition to revoke Goodshield's TSR was filed on May 1, 2013. See Doc. No. 52. Judge O'Brien conducted a hearing on that petition on May 7, 2013. He ultimately continued the hearing based on information that Goodshield was willing to enter an intensive substance abuse treatment program in Burlington, Iowa. See Doc. No. 61. For various reasons, Goodshield was never admitted to the program in Burlington. Instead, he continued (and, indeed, seems to have intensified) a course of conduct squarely at odds with the conditions of his TSR.
Docket No. 84, p. 1-3.
This Court set a second hearing on the Petition to Revoke for October 9, 2013. Mr. Goodshield failed to appear at that hearing, and this Court issued a bench warrant. Mr. Goodshield was subsequently taken into custody. On February 12, 2014, Magistrate Strand held a hearing on the violations. Docket No. 79. Following that hearing, he entered a Report and Recommendation, Docket No. 84, which this Court accepted with one modification. Docket No. 86. Pursuant to that Report and Recommendation, this Court:
sentenced [Mr. Goodshield] to ten months imprisonment and a new, six-month term of TSR. Doc. No. 86. Judge O'Brien further ordered that Goodshield reside in a Residential Reentry Center (RRC) for the first 120 days of the new TSR and that he abide by all rules and regulations of the facility during his stay. Doc. No. 87 at 4. Goodshield started his third TSR on December 1, 2014, and was placed at Dismas Charities, an RRC in Sioux City. Doc. No. 88 at 1-2.
Docket No. 97, p. 2.
After serving that sentence, Mr. Goodshield resumed TSR on December 1, 2014. As set out by Judge Strand:
[u]nfortunately, the third TSR quickly proved to be unsuccessful. On December 18, 2014, Goodshield left the RRC on a two-hour pass and did not return. That evening, an RRC employee was able to reach him on his cell phone. Id. at 5. Goodshield stated that he was riding with someone he should not have been with, that they had "something" in the car and had been pulled over. Id . He further stated that he had to run but assured the employee that he would return to the facility. Id . He did not return, causing the RRC to terminate his placement on December 22, 2014. Id. at 4. As of December 23, 2014, Goodshield's whereabouts were still unknown. An arrest warrant was issued on that date, but Goodshield was not located and taken into custody until January 9, 2015. Doc. No. 91. Thus, he was at large and unsupervised for approximately three weeks. Based on this conduct, the Petition alleges two violations of TSR: (1) failure to complete the required 120-day placement at the RRC and (2) failure to notify Probation of a change of address.
Docket No. 97, p. 2.
Judge Strand held a hearing on the Petition to Revoke on January 15, 2015. Judge Strand issued his current Report ...