Opinion
0980 2:19CR00206-WFN-1
04-22-2024
James Phillip Monaghan, III
Asst. U.S. Attorney: Alexandra Suzanne Jensen Defense Attorney: Federal Defenders Office
Date of Original Sentence: March 3, 2021
Date Supervision Commenced: August 17, 2023
Date Supervision Expires: August 16, 2033
Name of Sentencing Judicial Officer The Honorable Wm. Fremming Nielsen, Senior U.S. District Judge
Original Offense: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(A) and 1153
Original Sentence: Prison - 40 months TSR - 120 months
Type of Supervision: Supervised Release
Revocation Sentence: Prison - 1 month (07/27/2023) TSR - 120 months
Asst. U.S. Attorney: Alexandra Suzanne Jensen
Defense Attorney: Federal Defenders Office
PETITIONING
To issue a warrant and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 03/27/2024.
On August 17, 2023, Mr. James Phillip Monaghan, III, signed his conditions relative to case number 2:19CR00206-WFN-1, indicating he understood all conditions as ordered by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
6
Special Condition #9 : You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : It is alleged that Mr. Monaghan violated the terms and conditions of his supervised release by using marijuana on or about April 3 and 9, 2024.
Specifically, Mr. Monaghan participated in a maintenance polygraph on April 3, 2024. On April 9, 2024, the undersigned reviewed the polygraph results in which it noted that Mr. Monaghan admitted to using marijuana before participating in the polygraph on April 3, 2024. Thereafter, the undersigned called and spoke with Mr. Monaghan in which he confirmed that he used marijuana on April 3, 2024, and he also admitted to marijuana use on April 9, 2024.
7
Special Condition #8: You must not enter into any establishment where alcohol is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from this substance.
Supporting Evidence : It is alleged that Mr. Monaghan violated the terms and conditions of his supervised release by consuming alcohol on or about April 2, 2024.
Specifically, Mr. Monaghan participated in a maintenance polygraph on April 3, 2024, and it noted that he admitted to consuming alcohol approximately 10 times since he commenced this term of supervised release. On April 9, 2024, the undersigned called and spoke with Mr. Monaghan and he confirmed this information reported on the polygraph and admitted to last consuming alcohol on or about April 2, 2024.
8
Special Condition #6 : You must actively participate and successfully complete an approved state-certified sex offender treatment program. You must follow all lifestyle restrictions and treatment requirements of the program. You must participate in special testing in the form of polygraphs, in order to measure compliance with the treatment program requirements. You must allow reciprocal release of information between the supervising officer and the treatment provider. You must pay for treatment and testing according to your ability.
Supporting Evidence : It is alleged that Mr. Monaghan violated the terms and conditions of his supervised release by failing to follow lifestyle restrictions and treatment requirements by viewing pornography approximately 10-12 times since commencing this term of supervised release with the last time being on or about April 1, 2024.
Specifically, Mr. Monaghan participated in a maintenance polygraph on April 3, 2024, and it noted that he admitted to viewing pornography 10-12 times since commencing this term of supervised release. On April 9, 2024, the undersigned spoke with Mr. Monaghan's sex offender treatment therapist in which she confirmed that he signed a treatment contract which prohibits the viewing of pornography. The therapist further reported that Mr. Monaghan has never revealed to her that he has viewed pornography since commencing his term of supervised release. On April 9, 2024, the undersigned spoke with Mr. Monaghan via telephone in which he confirmed the information reported on the polygraph in respect to viewing pornography, with the last time being on or about April 1, 2024.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court, and that the Court issue a warrant.
I declare under penalty of perjury that the foregoing is true and correct.
Jonathan C. Bot, U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[X] The incorporation of the violation(s) contained in this petition with the other violations pending before the Court.
[ ] Defendant to appear before the Judge assigned to the case.
[X] Defendant to appear before the Magistrate Judge.