United States v. Stewart, Lucas
3:14-cr-00126
| W.D. Wis. | Jul 30, 2019Background
- Defendant Lucas Stewart was sentenced in this district on August 19, 2015, for being a felon in possession of ammunition (Class C felony): 42 months imprisonment and three years supervised release; supervised release began November 21, 2017.
- Probation petition alleged missed drug tests (Nov. 19, 2018; Apr. 16, 2019; evidence of Jun. 9, 2018) and failures to file monthly written supervision reports for several months between 2018–2019.
- Probation also alleged nonparticipation in required mental-health/substance-abuse (dual-diagnosis) treatment from Nov. 12, 2018 to Jul. 3, 2019, and use of cannabidiol (CBD) products contrary to officer instructions.
- Court found Grade C violations and that, with criminal-history category V, the advisory custody range on revocation would be 7–13 months; maximum reimposed supervised release (after revocation) is 36 months (less any imprisonment).
- The court concluded Stewart had violated some terms but that the violations alone did not warrant revocation; main concerns were lack of sustained engagement in treatment and defiant/angry behavior that hindered supervision.
- Court continued supervised release, revised and clarified standard and special conditions (including a CBD ban absent prescription, mandatory regular mental-health/substance-abuse sessions, consent to limited provider disclosure, increased drug testing, search condition, alcohol abstinence, and restrictions on certain places/people).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether missed drug tests and failures to file monthly reports constituted violations justifying revocation | Probation: missed tests and reports breach special/standard conditions and support revocation petition | Stewart: some missed tests had excuses; overall violations not severe enough for revocation | Court: Violations proved but not sufficient alone for revocation; supervision continued with revised conditions |
| Whether failure to attend regular dual-diagnosis treatment amounted to a violation requiring revocation | Probation: nonattendance violated special conditions requiring mental-health and substance-abuse treatment | Stewart: contended he obtained treatment as needed; disputed extent of noncompliance | Court: Nonparticipation is a serious problem; court ordered mandatory regular schedule determined by provider, officer, and defendant rather than revoking |
| Enforceability of CBD ban/Officer’s instruction against CBD use | Probation: CBD may produce THC positives and frustrate testing; officer’s instruction and district policy justified restriction | Stewart: argued CBD restriction was not an express term of written supervision initially | Court: Did not find officer instruction alone a violation of written terms; adopted explicit Standard Condition prohibiting CBD/THC except by prescription and confirmed defendant’s understanding |
| Appropriate disposition (revocation vs continued supervision) and remedial conditions | Government: sought judicial review and appropriate sanction (revocation or conditions) to ensure compliance and public safety | Stewart: urged continued supervision and treatment rather than revocation | Held: Court continued supervised release, imposed clarified/stricter conditions (regular treatment, testing, CBD ban, searches, abstinence, reporting) rather than revoking custody |
Key Cases Cited
- U.S. v. Armour, 804 F.3d 859 (7th Cir. 2015) (discusses scope of supervised-release conditions and application of firearm/ammunition prohibitions)