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U.S. v. MONROE, CR 11-82-GF-BMM. (2016)

Court: District Court, D. Montana Number: infdco20160602d66 Visitors: 13
Filed: Jun. 01, 2016
Latest Update: Jun. 01, 2016
Summary: ORDER BRIAN MORRIS , District Judge . This case was referred to United States Magistrate Judge John Johnston for a revocation hearing and findings and recommendations. Judge Johnston entered his findings and recommendations on May 16, 2016. Defendant admitted he had violated Special Condition 1 of his supervised release by failing to complete an inpatient substance abuse treatment program. Judge Johnston found the admission sufficient to establish the supervised release violation. He recomm
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ORDER

This case was referred to United States Magistrate Judge John Johnston for a revocation hearing and findings and recommendations. Judge Johnston entered his findings and recommendations on May 16, 2016. Defendant admitted he had violated Special Condition 1 of his supervised release by failing to complete an inpatient substance abuse treatment program. Judge Johnston found the admission sufficient to establish the supervised release violation. He recommended that this Court revoke Defendant's supervised release and commit him to the custody of the United States Bureau of Prisons for a term of imprisonment of eight months, with no supervised release to follow.

No objections were filed by either party. Judge Johnston's findings and recommendations are therefore reviewed for clear error. McDonnell Douglas Corp. Commodore Bus. Mach, Inc., 656 F.2d 1309, 1319 (9th Cir. 1981).

This Court agrees with Judge Johnston's findings. Defendant admitted he had violated Special Condition 1. Defendant could be incarcerated for up to 24 months, followed by 28 months of supervised release less any custody time imposed. The United States Sentencing Guidelines call for a term of imprisonment of 5 to 11 months. A sentence of eight months in custody, followed by no supervised release is appropriate. The sentence is sufficient but not greater than necessary.

IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 109) are ADOPTED in full and Judgment shall be entered accordingly.

Source:  Leagle

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