FINDINGS AND RECOMMENDATION TO REVOKE DEFENDANT'S SUPERVISED RELEASE
KEITH STRONG, District Judge.
Ms. Eagleman was accused of violating her conditions of supervised release by failing to maintain residence at a Residential Re-entry Center and by using inhalants. She admitted to using inhalants. Ms. Eagleman's supervised release should be revoked. She should be sentenced to three months imprisonment, to be followed by 27 months supervised release.
Ms. Eagleman was convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury after a bench trial in 2006. CD 49. The offense consisted of Ms. Eagleman stabbing and kicking her partner while intoxicated. CD 15. Ms. Eagleman was sentenced to 50 months incarceration, to be followed by three years supervised release. CD 56. Ms. Eagleman's supervised release was revoked on May 29, 2012, because Ms. Eagleman consumed alcohol and failed to report an arrest to her probation office. CD 82. She was sentenced to six months incarceration, to be followed by 30 months supervised release. CD 83. The supervised release term included a condition that she reside for the first 180 days at a Residential Re-entry Center. CD 83. She arrived at the Great Falls Transition Center on October 4, 2012, and began the supervised release term on November 4, 2012. CD 85. On November 26, 2013, United States Probation Officer Ray Antonsen held a compliance meeting with Ms. Eagleman because she allegedly inhaled fumes from ("huffed") three cans of hair spray. Ms. Eagleman was referred to Benefis Healthcare for substance abuse evaluation and treatment, and cautioned that further noncompliance would prompt her probation officer to petition for revocation of her supervised release. CD 85.
The United States Probation Office filed a petition on April 8, 2013, asking the court to revoke Ms. Eagleman's supervised release. CD 85. The petition alleged that Ms. Eagleman violated two conditions of her supervised release. It alleged she violated Special Condition #1 by failing to complete to reside in a Residential Re-entry Center for 180 days. Ms. Eagleman was terminated from the Great Falls Transition Center because aerosol body spray cans were found in Ms. Eagleman's bedroom, in violation of her contract with the facility. The petition also alleged that Ms. Eagleman violated Special Condition #9 of her supervised release by huffing three cans of hair spray in the weeks preceding November 26, 2012. CD 85.
The case was reassigned to the Hon. Dana L. Christensen, United States District Judge, and referred to the undersigned. Based on the petition, the undersigned issued a warrant for Ms. Eagleman's arrest. CD 86.
Ms. Eagleman was arrested on April 9, 2013. CD 87. She made an initial appearance before the undersigned on April 11, 2013. CD 88. She was accompanied at the appearance by Federal Defender R. Henry Branom, who was appointed to represent Ms. Eagleman. Assistant United States Attorney Laura Weiss represented the United States.
The undersigned described the Findings and Recommendations procedure to Ms. Eagleman, explaining that the undersigned would conduct a revocation hearing, and based on that hearing would submit recommendations about revocation and sentencing to Judge Christensen. Ms. Eagleman was informed that she would have 14 days to object to the recommendations. The undersigned explained that she has a right to appear and allocute before Judge Christensen but must properly object to the recommendations to ensure that right is preserved.
Ms. Eagleman said that she had read the petition and understood the allegations. She waived her right to a preliminary examination. Ms. Weiss contended that Ms. Eagleman could be sentenced to as long as 24 months in prison if her supervised release is revoked, and Mr. Branom agreed. Mr. Branom requested three weeks to prepare for a revocation hearing; it was scheduled for April 29, 2013. Ms. Eagleman consented to detention in the meantime. CD 88.
Ms. Eagleman appeared at the revocation hearing on April 29, 2013, with her attorney, Mr. Branom. Ms. Weiss ...