United States District Court, D. North Dakota
REPORT AND RECOMMENDATION
R. SENECHAL, UNITED STATES MAGISTRATE JUDGE
Amended Petition alleges that Christopher Alan Lancaster
violated conditions of supervised release by using alcohol.
On request of the chief district judge, this court held a
hearing on that petition on December 4, 2017. At the hearing,
Lancaster admitted to the violations charged.
government recommends that Lancaster's supervised release
be revoked, that he be sentenced to a term of custody of
eight months, with credit for time served since November 20,
2017, and that no additional term of supervised release be
ordered after completion of the term of custody. Lancaster
asks that supervised release be continued and that he be
ordered to complete an alcohol abuse treatment program.
Alternatively, if supervised release is
revoked, Lancaster urges that a term of custody be four
months rather than eight months, and he asks for placement in
a North Dakota correctional facility.
pled guilty to the crime of possession of a firearm by a
convicted felon, and, in 2013, he was sentenced to a term of
60 months in custody, followed by a term of three years of
charges in the current petition involve use of alcohol. The
first incident occurred on November 16, 2017. The supervising
probation officer had directed Lancaster to report to the
Lake Region Residential Reentry Center (LRRRC) on that date,
but when he did so, his blood alcohol concentration (BAC) was
0.17, and the LRRRC refused to accept him. The supervising
probation officer then filed a petition, and a warrant was
issued. The second incident occurred on November 19, 2017,
when Lancaster was arrested on the federal warrant. At the
time of his arrest, his BAC was 0.235.
hearing, Lancaster personally addressed the court and freely
admitted his alcohol abuse and his need for help to deal with
the disease. He said that he is “ready for help.”
He described situations he feels contributed to his
relapse-his girlfriend was diagnosed with cancer, and he
himself was the victim of a serious assault.
to filing the current petition, the supervising probation
officer had implemented several lesser measures to address
Lancaster's alcohol abuse. When Lancaster told the
supervising officer-two months after the incident-that he had
been assaulted and, as a consequence of the assault, had
contact with law enforcement, he acknowledged that he had
consumed alcohol at the time he was assaulted. That
admission, and other reports of Lancaster's alcohol use,
led to an earlier petition. (Doc. #48). But, the earlier
petition was dismissed without a hearing when Lancaster
agreed to a placement at LRRRC.
was at LRRRC from April 17, 2017 until June 19, 2017. While
at LRRRC, Lancaster secured employment with a local farmer,
obtained a residence, maintained sobriety, completed an
engagement group, and received counseling. But, Lancaster did
not continue with counseling after release from LRRRC. Within
a month after his release from LRRRC, Lancaster was again
using alcohol. Consequently, the supervising probation
officer arranged for electronic alcohol monitoring for two
months, and Lancaster again did well. The supervising
probation officer discontinued use of the alcohol monitoring
device on October 31, 2017.
two weeks after the alcohol monitoring device was
discontinued, Lancaster was using alcohol again.
Consequently, the supervising probation officer ordered that
he report to Lake Region Human Services Center (LRHSC) on
November 16, 2017 for a substance abuse evaluation and that
he report to LRRRC after the LRHSC evaluation. As discussed
above, when Lancaster reported for the substance abuse
evaluation, his BAC was 0.17. The supervising probation
officer then filed a petition, and when Lancaster was
arrested on November 19, 2017 because of the petition, his
BAC was 0.235.
completed the substance abuse evaluation on November
16th and recommended ASAM Level 3.1 low intensity
residential treatment and mental health programming for
Lancaster. ASAM's website describes Level 3.1 treatment:
Called Clinically Managed Low-Intensity Residential Services,
this adolescent and adult level of care typically provides a
24 hour living support and structure with available trained
personnel, and offers at least 5 hours of clinical service a
week. Level 3 encompasses residential services that are
described as co-occurring capable, co-occurring enhanced, and
complexity capable services, which are staffed by designated
addiction treatment, mental health, and general medical
personnel who provide a range of services in a 24-hour living
violation report states that Lancaster previously received
substance abuse treatment in 2003, 2007, 2008, and 2010. The
2010 treatment is described as “intensive chemical
dependency counseling, ” but details of the other
treatment programs are not included in the violation report.
(Doc. # 64, ¶21). Thus, it is not clear how ...