JOHN JOHNSTON, Magistrate Judge.
The United States accused Mr. Favel of violating his conditions of supervised release by (1) using methamphetamine, (2) failing to attend substance abuse treatment, and (3) failing to reside at a Residential Reentry Center. Mr. Favel admitted to the violations. Mr. Favel's supervised release should be revoked. He should be sentenced to six months in custody, with no supervised release to follow.
On June 7, 2011, Mr Favel pleaded guilty to Theft From an Indian Gaming Establishment by Employee. On October 3, 2011, United States District Court Judge Sam E. Haddon sentenced Mr. Favel to 36 months of supervised release. (Doc. 35.)
On June 13, 2012, the Court revoked Mr. Favel's supervised release because he violated his conditions by consuming hydrocodone and consuming alcohol. Judge Haddon sentenced Mr. Favel to five months in custody and twenty-eight months of supervised release. (Doc. 46.)
On December 15, 2014, United States District Judge Brian Morris revoked Mr. Favel's supervised release because he violated his conditions of supervised release by entering a gaming establishment, using alcohol, failing to participate in substance abuse testing, and failing to report a change in employment to his probation officer. Judge Morris sentenced Mr. Favel to six months in custody, with eighteen months of supervised release to follow. Mr. Favel's supervised release included the condition that he reside in a Residential Reentry Center for six months. Mr. Favel's next term of supervised release began on July 1, 2016.
On November 23, 2016, Judge Morris revoked Mr. Favel's supervised release because he was terminated from the Great Falls Prerelease Center. (Doc. 71.) Judge Morris sentenced him to four months in custody, with fourteen months of supervised release to follow. (Id.) Mr. Favel began his current term of supervised release on February 1, 2017.
On May 4, 2017, the United States Probation Office filed a petition asking the Court to revoke Mr. Favel's supervised release. (Doc. 76.) The Probation Office accused Mr. Favel of violating his conditions of supervised release by using methamphetamine, failing to attend substance abuse treatment, and failing to reside at a Residential Reentry Center. (Id.)
On May 18, 2017, Mr. Favel appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.
Mr. Favel said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.
Mr. Favel admitted that he violated the conditions of his supervised release. The violations are serious and warrant revocation of Mr. Favel's supervised release.
Mr. Favel's violation grade is Grade C, his criminal history category is III, and his underlying offense is a Class D felony. He could be incarcerated for up to twenty-four months. He could be ordered to remain on supervised release for twenty-four months, less any custody time imposed. The United States Sentencing Guidelines call for five to eleven months in custody.
Mr. Arvanetes requested a sentence at the low end of the guideline range, with no supervised release to follow. Mr. Favel exercised his right of allocution and stated that he does not know how to cope with freedom. Mr. Cobell argued for sentence at the high-end of the guideline range, with no supervised release to follow.
Mr. Favel's supervised release should be revoked because he admitted violating its conditions. Mr. Favel should be sentenced to six months in custody, with no supervised release to follow. This sentence would be sufficient given the serious violation of the Court's trust, but it would not be greater than necessary.
Mr. Favel was advised that the above sentence would be recommended to Judge Morris. The Court reminded him of his right to object to these Findings and Recommendations within 14 days of their issuance. The undersigned explained that Judge Morris would consider his objection, if it is filed within the allotted time, before making a final determination on whether to revoke his supervised release and what, if any, sanction to impose.
The Court
The Court
The parties may serve and file written objections to the Findings and Recommendations within 14 days of their entry, as indicated on the Notice of Electronic Filing. 28 U.S.C. § 636(b)(1). A district judge will make a de novo determination regarding any portion of the Findings and Recommendations to which objection is made. The district judge may accept, reject, or modify, in whole or in part, the Findings and Recommendations. Failure to timely file written objections may bar a de novo determination by the district judge, and may waive the right to appear and allocute before a district judge.
[✓] admitted guilt to violation of condition(s)
[] was found in violation of condition(s) count(s) ________________ after denial of guilt.
The defendant is adjudicated guilty of these violations:
The defendant is sentenced as provided in pages 2 through
[] The defendant has not violated condition(s) ____________ and is discharged as to such violation(s) condition.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances.
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:
6 months
[✓] The court makes the following recommendations to the Bureau of Prisons:
Mr. Favel shoud not be placed in the federal prison in Sheridan, Wyoming.
[✓] The defendant is remanded to the custody of the United States Marshal.
[] The defendant shall surrender to the United States Marshal for this district:
[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
I have executed this judgment as follows:
Defendant delivered on _____________________ to __________________________________ at ___________________________ with a certified copy of this judgment.
Upon release from imprisonment, you will be on supervised release for a term of:
1. You must not commit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
4. [] You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
5. [] You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in where you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
6. [] You must participate in an approved program for domestic violence. (check if applicable)
You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page.