BANGOR, Maine — A Swan’s Island man on Monday waived his right to a preliminary examination on his federal probation revocation.
As a result, a federal magistrate judge found probable cause that Shaun G. Lemoine, 30, violated his federal probation when he was found guilty earlier this year in Hancock County of stealing $2,000 worth of lobster.
Lemoine appeared briefly Monday afternoon in U.S.District Court in Bangor as federal officials began the process of trying to determine how much more additional time he should spend in federal prison. Lemoine spent a year in federal custody at Fort Dix in New Jersey in 2007 after being found guilty in federal court the previous year of trying to obtain firearms while under indictment.
Lemoine was on federal probation in October 2008 when he stole six crates of lobster from a float owned by a Swan’s Island lobster dealer. In February, Lemoine pleaded guilty to the theft and was sentenced to serve six months in the Hancock County Jail. He could face as much as two more years in federal prison for the federal probation violation, according to federal court documents.
A final hearing on Lemoine’s federal probation revocation has been scheduled in U.S. District Court for 9 a.m. Tuesday, June 15.
During his brief Monday court appearance, Lemoine filled out a pink financial declaration form as part of his request for a public defender. Lemoine told U.S. Magistrate Judge Margaret Kravchuk that a bank has liens on his lobster boat and on a trailer home and land he owns on Swan’s Island. He has no assets that do not have liens on them, he told the judge. As a result, Virginia Villa of the Federal Public Defender’s Office was appointed to represent Lemoine on his federal probation revocation.
Villa told Kravchuk that Lemoine is expected to be in state custody for at least two more months.
“It is my understanding Mr. Lemoine is currently serving his state sentence until July of this year,” Villa told the judge.
Lemoine is expected to serve whatever additional federal prison time he is ordered to serve immediately upon his release from the county jail.
Kravchuk said during the hearing that if, for whatever reason, Lemoine is released from Hancock County Jail before his scheduled June 15 court appearance, he could be subject to a federal detention hearing to see whether he should be held behind bars before his federal probation issue is decided.