FINDINGS AND RECOMMENDATION TO REVOKED DEFENDANT'S SUPERVISED RELEASE
KEITA STRONG, Magistrate Judge.
Ms. Running Crane was accused of violating the conditions of her supervised release by consuming morphine without a prescription. She admitted to the violation. Ms. Running Crane should be ordered into United States Bureau of Prisons custody for 9 months, with no supervised release to follow.
Ms. Running Crane pled guilty in 2005 to Conspiracy to Possess Methamphetamine with Intent to Distribute. CD 31. She was sentenced to 48 months incarceration, to be followed by four years supervised release. CD 43.
Ms. Running Crane completed drug treatment in prison, and an aftercare program after her release. She had additional inpatient treatment for chemical dependency after a relapse in 2009. CD 76.
Ms. Running Crane's supervised release was revoked in 2010 because she improperly consumed hydrocodone. She was incarcerated for 8 months, and 40 months of supervised release was imposed. CD 58, 69.
Mr. Running Crane's current term of supervision began on April 29, 2011. In February 2013, her probation officer filed a "12A Report on Offender Under Supervision, " alleging that Ms. Running Crane was abusing morphine, but recommending that she be allowed to remain in the community and obtain treatment. CD 74. The undersigned agreed, and Mr. Running Crane obtained inpatient chemical dependency treatment. She completed the program March 12, 2013. CD 76.
The United States Probation Office filed a petition on July 25, 2013, asking the court to revoke Ms. Running Crane's supervised release. The petition alleged that Ms. Running Crane violated Standard Condition #7 of her supervised release by consuming morphine without a valid prescription on July 23. CD 76. Based on the petition, the undersigned issued a warrant for Ms. Running Cranes arrest. CD 77.
Ms. Running Crane was arrested on July 26, 2013. CD 84. She made an initial appearance before United States Magistrate Judge Robert M. Holter on July 30. She was accompanied by Federal Defender R. Henry Branom, who was appointed as her attorney. Assistant United States Attorney Ryan Weldon represented the government. Ms. Running Crane said she had read and understood the petition. She waived her right to a preliminary hearing. CD 79.
Mr. Weldon stated that Ms. Running Crane could be ordered into custody for up to 36 months if her supervised release is revoked. Judge Holter scheduled a revocation hearing for August 6, and ...