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United States v. Longtree

United States District Court, Ninth Circuit

August 26, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
CARTER ROY LONGTREE, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

KEITN STRONG, Magistrate Judge.

I. Synopsis

Mr. Longtree was accused of violating his conditions of supervised release by using methamphetamine. He admitted the violation. He should be ordered into custody for three months, with 57 months supervised release to follow. He should be ordered to serve the first six months of supervised release in a pre-release center.

II. Status

Mr. Longtree pleaded guilty in 2010 to Arson. CD 23. He was sentenced to 30 months of incarceration, with five years supervised release to follow. CD 27. Mr. Longtree began his term of supervision on August 10, 2012. CD 32.

Petition

The United States Probation Office filed a petition on September 20, 2012, asking the court to revoke Mr. Longtree's supervised release.[1] The petition alleged that Mr. Longtree violated Standard Condition #7 of his release by using methamphetamine in September 2012. According to the petition, Mr. Longtree's probation officer noticed needle marks in Mr. Longtree's arm, and Mr. Longtree acknowledged that he had recently used methamphetamine. CD 32. Based on the petition, a warrant was issued for Mr. Longtree's arrest. CD 33.

Initial appearance

Mr. Longtree was arrested on August 19, 2013. He made an initial appearance before the undersigned on August 20. CD 35. Mr. Longtree was accompanied by Federal Defender R. Henry Branom, who was appointed as counsel. The United States was represented by Assistant United States Attorney Ryan Weldon.

The undersigned discussed the Findings and Recommendations procedure, explaining that a revocation hearing would be conducted, and based on that hearing the undersigned would submit a recommendation to United States District Judge Dana L. Christensen. Mr. Longtree was advised that Judge Christensen will review the recommendation, then decide whether to revoke Mr. Longtree's supervised release and what, if any, sanction to impose. Mr. Longtree was instructed that he has a right to object to the recommendation, but must do so in writing within 14 days of its issuance.

Mr. Longtree said he had read the petition and understood the allegation. Mr. Weldon warned that Mr. Longtree could be committed to the Bureau of Prisons for up to 36 months if he is found to have violated his supervised release conditions. Mr. Branom agreed. Mr. Longtree waived his right to a preliminary examination. Mr. Branom asked to proceed immediately to the revocation hearing. The hearing commenced.

Revocation hearing

Mr. Longtree appeared at the hearing with Mr. Branom. Mr. Weldon represented the United States.

Mr. Longtree admitted to violating his supervised release conditions, as alleged in the petition. His admission is sufficient to establish a violation. The undersigned believes the violation warrants revocation, ...


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