JOHN JOHNSTON, Magistrate Judge.
The United States accused Ms. Blackcrow of violating her conditions of supervised release by 1) failing to appear for substance abuse counseling, 2) using a controlled substance, 3) failing to report for random urinalysis testing, 4) failing to report for random urinalysis testing, 5) excessive use of alcohol, 6) failing to report for random urinalysis testing, 7) failing to appear for scheduled substance abuse counseling, 8) failing to appear for a scheduled appointment for her initial staffing for individual substance abuse counseling, 9) failing to report for random urinalysis testing, 10) failing to report for random urinalysis testing, 11) failing to truthfully answer all inquiries by her probation officer, and 12) using a controlled substance. She admitted to the violations. Ms. Blackcrow's supervised release should be revoked. She should be sentenced to four months of custody, with no supervised release to follow.
On May 16, 2017, United States District Judge Brian Morris sentenced Ms. Blackcrow to time-served (approximately 171 days), with twelve months of supervised release, after Ms. Blackcrow pleaded guilty to Misdemeanor Assault. (Doc. 30). Due to underlying state charges, Ms. Blackcrow did not begin her current term of supervision until January 7, 2017.
On July 17, 2017, a Report on Offender Under Supervision was submitted to the Court, outlining Ms. Blackcrow's violations, including failing to report for random urinalysis testing and testing positive for methamphetamine and alcohol. (Doc. 33). Ms. Blackcrow was allowed to remain on supervised release provided she attend four self-help meetings weekly and enrolled in substance abuse counseling.
On August 24, 2017, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision alleging that Ms. Blackcrow violated the conditions of her supervised release in the following ways:
12) On August 16, Ms. Blackcrow admitted to smoking marijuana. (Doc. 34). Judge Morris issued a warrant for her arrest based on the information in the Petition. (Doc. 35).
On December 7, 2017, Ms. Blackcrow appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Hank Branom accompanied her at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.
Ms. Blackcrow said she had read the petition and understood the allegations. She waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.
Ms. Blackcrow admitted that she violated the conditions of her supervised release. The violations are serious and warrant revocation of her supervised release.
Ms. Blackcrow's violation grade is Grade C, her criminal history category is IV, and her underlying offense is a misdemeanor. She could be incarcerated for up to twelve months. She could be ordered to remain on supervised release for twelve months, less any custody time imposed. The United States Sentencing Guidelines call for six to twelve months in custody.
Mr. Branom recommended that when determining Ms. Blackcrow's sentence the Court consider that the underlying crime is a misdemeanor and that a minimum guideline sentence would be greater than her time served for her assault. Mr. Cobell recommended a sentence of a minimum guideline range on account of her absconding. Ms. Blackcrow addressed the Court and stated she was in an abusive relationship that caused her to abscond, but that she understands that fleeing was wrong.
Ms. Blackcrow's supervised release should be revoked because she admitted violating its conditions. Ms. Blackcrow should be sentenced to four 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.
Ms. Blackcrow was advised that the above sentence would be recommended to Judge Morris. The Court reminded her of her right to object to these Findings and Recommendations within 14 days of their issuance. The undersigned explained that Judge Morris would consider her objection, if it is filed within the allotted time, before making a final determination on whether to revoke her supervised release and what, if any, sanction to impose.
The undersigned
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) _________ 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:
four (4) months, with no term of supervision to follow.
[] The court makes the following recommendations to the Bureau of Prisons:
[✓] 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:
none.
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.
[✓] You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
[] 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)
[] 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.
