United States v. Peter Villeneuve

MEMORANDUM

Peter Ronald Villeneuve appeals from the district court’s judgment revoking probation and imposing a nine-month prison sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Villeneuve contends that the district court erred in determining that he violated the Montana sexual assault statute, M.C.A. § 45-5-502, as alleged in the petition to revoke. We disagree. The record contains substantial evidence that Villeneuve violated section 45-5-502 by attempting to sexually assault the victim. Contrary to Villeneuve’s contention, the petition to revoke, which alleged that Villeneuve “attempted to put money down the front of [the victim’s] shirt,” and that the victim “reported grabbing the money and the defendant’s hand before he could place the money against her breast,” sufficiently alerted him to the allegation of attempted sexual assault to satisfy his right to notice and due process. See State v. Fuller, 266 Mont. 420, 422 , 880 P.2d 1340 (1994) (attempted sexual assault occurs when the defendant takes an act with the purpose of knowingly subjecting another person to “sexual contact” without consent).

Villeneuve also contends that the district court…