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United States v. Runner

United States District Court, Ninth Circuit

May 8, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MARTY DEE HEAVY RUNNER, Defendant.

FINDINGS AND RECOMMENDATION TO REVOKE DEFENDANT'S SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Defendant Marty Heavy Runner was accused of violating his conditions of supervised release by failing to report to his probation officer as directed. He admitted to the violation. His supervised release should be revoked, and he should be sentenced to six months imprisonment, with no supervised release to follow.

II. Status

Mr. Heavy Runner plead guilty to Theft from an Indian Tribal Organization in May 2009. CD 181. He was sentenced in November 2009 to 12 months imprisonment, to be followed by 36 months supervised release. CD 262. Mr. Heavy Runner's supervised release was revoked in July 2012 for use of alcohol and failure to complete substance abuse treatment. CD 347. He was re-sentenced to four months imprisonment, to be followed by 26 months supervised release, including six months at a pre-release center. CD 348. Mr. Heavy Runner's current term of supervised release began on October 19, 2012. CD 353.

Petition

The United States Probation Office filed a petition on May 1, 2013, asking the court to revoke Mr. Heavy Runner's supervised release. CD 353. The petition alleged that Mr. Heavy Runner violated Standard Condition #2 of his supervised release by failing to report to his probation officer, despite repeated instructions to do so, after Mr. Heavy Runner completed his term at a pre-release center. 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 Mr. Heavy Runner's arrest. CD 354.

Initial appearance

Mr. Heavy Runner was arrested on May 2, 2013. CD 359. He made an initial appearance before the undersigned on May 6, 2013. He was accompanied by Federal Defender R. Henry Branom, who was appointed to represent Mr. Heavy Runner. Assistant United States Attorney Jessica Betley represented the United States.

The undersigned explained the Findings and Recommendations procedure to Mr. Heavy Runner, informing him that the undersigned will submit recommendations to Judge Christensen, Judge Christensen will decide whether to revoke his supervised release and impose a new sentence, and if Mr. Heavy Runner wishes to allocute before Judge Christensen he may do so by objecting to the undersigned's Findings and Recommendations within 14 days of their issuance.

Ms. Betley stated that Mr. Heavy Runner faces a maximum prison sentence of 24 months if his supervised release is revoked. Mr. Branom agreed. Mr. Heavy Runner waived his right to a preliminary hearing. Mr. Branom indicated he and Mr. Heavy Runner wanted to proceed immediately to the revocation hearing. Ms. Betley did not object, so the revocation hearing commenced.

Revocation hearing

Mr. Heavy Runner was present at the revocation hearing with Mr. Branom. Ms. Betley represented the United States.

Mr. Heavy Runner admitted to violating a condition of his supervised release. The undersigned found that the admission established a violation, and informed the parties that revocation of Mr. ...


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