FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count I of the Indictment, which charges the crime of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. 841(a)(1). After examining the Defendant under oath, the Court determined: 1. That the Defendant is fully competent and capable of entering an informed and...
FINDINGS AND RECOMMENDATION JEREMIAH C. LYNCH , Magistrate Judge . Before the Court is Defendant United States Postal Service's ("Postal Service") motion to dismiss Plaintiff Keith Baity's pleading. For the reasons discussed, the Postal Service's motion should be granted and this action dismissed. I. Background Baity, appearing pro se, commenced this action by filing his pleading — a "Motion for Injunctive Relief" — in the Montana Fourth Judicial District Court, Missoula County, Montana....
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Mr. Jackson of violating his conditions of supervised release by (1) failing to appear for random urinalysis testing, (2) testing positive for methamphetamine, (3) failing to make payments toward his restitution, and (4) failing to appear for his transport to substance abuse treatment. He admitted to the violations. Mr. Jackson's supervised release...
FINDINGS & RECOMMENDATION JEREMIAH C. LYNCH , Magistrate Judge . On October 27, 2016, Chief Judge Dana L. Christensen sentenced Defendant Paul Lyn Nisbet to 14 months of incarceration and three years of supervised release following his guilty plea to one count of conspiracy in violation of 18 U.S.C. 371. Judge Christensen deferred making a determination of restitution, and subsequently referred this matter to the undersigned pursuant to 18 U.S.C. 3664(d)(5-6) for the limited purpose of...
ORDER CHARLES C. LOVELL , Senior District Judge . On December 12, 2016, this Court referred a Petition for Revocation (Doc. 6) for hearing, findings of fact, and recommendation to Magistrate Judge Johnston by order (Doc. 9). 1 The revocation hearing was held on December 14, 2016. Pending now before the Court is the Report of Findings & Recommendations ("F&R") filed by Magistrate Judge Johnston on December 20, 2016 (Doc. 14). The F&R notified the parties of their opportunity to object to...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Ms. Morrison of violating her conditions of supervised release by (1) using methamphetamine and (2) committing another crime while on supervised release. Ms. Morrison admitted to the allegations. Her supervised release should be revoked. She should be sentenced to seven months of custody, with fifty-three months of supervised release to follow. II....
FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOHN T. JOHNSTON , Magistrate Judge . I. Synopsis Health Care Service Corporation (HCSC) filed a Notice of Removal stating the Court has jurisdiction over this matter because Mr. Owens is suing HCSC for actions it took under the direction of a federal agency and because federal common law governs the insurance policy HCSC provided to Mr. Owens. Mr. Owens filed a Motion to Remand the case to state court. Whether removal is...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Ms. Fast Horse of violating her conditions of supervised release by (1) failing to appear for scheduled one-on-one substance abuse treatment meetings on several occasions, (2) failing to report for urinalysis testing on multiple occasions, (3) being terminated from her employment, (4) failing to complete substance abuse treatment, (5) failing to...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Mr. Franks of violating his conditions of supervised release by (1) failing to answer truthfully all inquires by his probation officer on multiple occasions, (2) being within 100 yards of a school on multiple occasions, (3) failing to complete sex offender treatment, (4) possessing sexually explicit material, and (5) possessing an electronic device...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count II of the Indictment, which charges the crime of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. 841(a)(1). After examining the Defendant under oath, the Court determined: 1. That the Defendant is fully competent and capable of entering an informed and...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , Magistrate Judge . The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty Count I of the indictment in CR 16-34-M-DLC, which charges the crime of conspiracy to distribute methamphetamine in violation of 21 U.S.C. 846. Defendant further admits to the forfeiture allegation. In exchange for Defendant's plea, the United States has agreed to dismiss Count II of the Indictment...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Mr. Weatherwax of violating his conditions of supervised release by (1) failing to report for outpatient chemical dependency treatment, (2) failing to report for urine testing, and (3) failing to report to his probation officer. Mr. Weatherwax admitted to the violations. His supervised release should be revoked, and he should be sentenced to five...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Mr. After Buffalo of violating his conditions of supervised release by (1) failing to report to his probation officer as directed, (2) failing to notify his probation officer prior to a change in residence and (3) failing to participate in substance abuse treatment. He admitted to the violations. Mr. After Buffalo's supervised release should be...
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE JOHN JOHNSTON , Magistrate Judge . I. Synopsis The United States accused Mr. Brauhn of violating his conditions of supervised release by (1) consuming alcohol and (2) testing positive for methamphetamine. He admitted to the violations. Mr. Brauhn's supervised release should be revoked. He should be sentenced to thirteen months of custody, with no supervised release to follow. II. Status Mr. Brauhn pleaded guilty to...
FINDINGS AND RECOMMENDATION TO REVOKE SUPERVISED RELEASE TIMOTHY J. CAVAN , Magistrate Judge . A petition alleges that Defendant Isaiah Thomas Follet violated a condition of his supervised release. United States District Court Judge Susan Watters referred the matter to the undersigned to conduct a final hearing and issue findings and recommendations. (Doc. 97, citing 28 U.S.C. 636(b)(1)(B) and Fed. R. Crim. P. 59(a)). On December 13, 2016, the Court conducted the revocation hearing. Mr....
ORDER SETTING SENTENCING SUSAN P. WATTERS , District Judge . Defendant entered his plea of guilty before U.S. Magistrate Judge Timothy J. Cavan in open court on December 14, 2016. United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on December 14, 2016 (Doc. 27). No objections having been filed within fourteen days thereof, IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 27) are ADOPTED IN FULL; Therefore, IT IS...
ORDER REGARDING PLAINTIFF'S MOTION TO STAY BRIEFING TIMOTHY J. CAVAN , Magistrate Judge . Presently before the Court is Plaintiff's Motion to Stay Briefing and Any Ruling on Defendants' Motions to Dismiss. (Doc. 40.) Defendants have filed an opposition (Doc. 42), and Plaintiff has replied. (Doc. 43.) Having considered the parties' submissions, Plaintiff's motion is GRANTED in part, as set forth below. On September 26, 2016, this action was removed to the United States District Court for...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count II of the Indictment, which charges the crime of assault resulting in serious bodily injury, in violation of 18 U.S.C. 1153(a) and 113(a)(6). After examining the Defendant under oath, the Court determined: 1. That the Defendant is fully competent and capable of entering an informed and...
ORDER SETTING SENTENCING SUSAN P. WATTERS , District Judge . Defendant entered her plea of guilty before U.S. Magistrate Judge Timothy J. Cavan in open court on December 14, 2016. United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on December 14, 2016 (Doc. 27). No objections having been filed within fourteen days thereof, IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 27) are ADOPTED IN FULL; Therefore, IT IS...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to the Indictment, which charges the crime of theft by an officer or employee of gaming establishments on Indian lands with intent to steal moneys, funds, assets, and other property of a value in excess of $1,000.00 without authorization, in violation of 18 U.S.C. 1168(b). After examining the...
