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United States v. Halladay

United States District Court, Ninth Circuit

September 12, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY MICHAEL HALLADAY, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE SUPERVISED RELEASE

CAROLYN S. OSTBY, Magistrate Judge.

I. Synopsis of Recommendations

A petition alleged that Defendant Anthony Michael Halladay ("Halladay") violated his conditions of supervised release by failing to report for scheduled urinalysis testing, failing to notify his probation officer of a change in residence or employment, and failing to report for scheduled substance abuse treatment. He admitted the violations. Halladay's supervised release should be revoked, and he should be sentenced to 12 months and one day imprisonment followed by 108 months of supervised release.

II. Status

On May 10, 2011, Halladay pled guilty to Failure to Register as a Sexual Offender. ECF 1, 18. On October 14, 2011, the Court sentenced Halladay to 28 months incarceration with 10 years of supervised release to follow. ECF 24. Halladay began his supervised release on December 26, 2012. ECF 26.

Petition

On February 12, 2013, the United States Probation Office prepared a Petition for Warrant or Summons for Offender Under Supervision requesting that a warrant be issued for Halladay. ECF 26. The petition alleged that Halladay violated: (1) Special Condition Number 1 by failing to report for scheduled urinalysis testing, (2) Standard Condition Number 6 by failing to notify his probation officer of a change in residence or employment, and (3) Special Condition Number 2 by failing to report for scheduled substance abuse treatment. Id. Based on the petition, Judge Cebull issued a warrant for Halladay' arrest. ECF 27. The case was reassigned to the Hon. Donald W. Molloy, U.S. District Judge, and referred to the undersigned for Findings and Recommendations. See Standing Order No. DLC-6, superseded by Standing Order No. DLC-7.

Initial Appearance

Halladay was arrested on August 29, 2013 and made an initial appearance before the undersigned that same day in Billings, Montana.

Revocation Hearing

On September 12, 2013, the undersigned conducted a hearing on whether Halladay' supervised release should be revoked. Mark Werner, Federal Defenders of Montana, represented Halladay. Assistant U.S. Attorney Brendan McCarthy represented the United States. The undersigned explained the Findings and Recommendations procedure to Halladay, including his right to appear and allocute before Judge Molloy and the necessity of properly objecting to the Findings and Recommendations in order to preserve that right.

In addition, Halladay, his counsel, and the Assistant U.S. Attorney executed an Acknowledgment of Rights and Consent, again acknowledging his understanding of the Findings and Recommendations procedure and consenting thereto.

Halladay admitted each of the violations alleged in the petition. The undersigned accepted his admission, determined that his supervised release should be revoked or modified, and proceeded to consider sentencing recommendations. The undersigned calculated that Halladay's violation grade is C, his criminal history category is IV, and the underlying offense is a class C felony. Under those circumstances, the maximum sentence is 24 months incarceration, and the United States Sentencing Guidelines call for 6 to 12 months incarceration. Halladay could be sentenced to a term of ...


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