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United States v. Eagle

United States District Court, Ninth Circuit

September 12, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MATTHEW BLACK EAGLE, Defendant.

FINDINGS AND RECOMMENDATION TO REVOKED DEFENDANT'S SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Black Eagle was accused of violating the conditions of his supervised release by failing to report to his probation officer after he was released from prison. The United States proved the violation by a preponderance of the evidence. Mr. Black Eagle's supervised release should be revoked. He should be ordered to serve six months in prison, with 18 months supervised release to follow.

II. Status

Mr. Black Eagle plead guilty in July 2012 to Storing Hazardous Waste Without a Permit. CD 19. He was sentenced in November 2012 to two years probation. CD 27. Mr. Black Eagle's probation was revoked in February 2013 because he violated the terms by using alcohol and drugs. CD 42, 51. He was ordered to serve six months in prison, with two years supervised release to follow. CD 51. Mr. Black Eagle was released from prison on July 26, 2013, and his current term of supervised release commenced at that time. CD 65.

Petition

On August 5, 2013, the United States Probation Office petitioned the court to revoke Mr. Black Eagle's supervised release. The petition alleged that Mr. Black Eagle violated his supervised release conditions by failing to report to the United States Probation Office within 72 hours of his release from prison, as directed in the Preamble to Standard Conditions of his supervised release. CD 65. Based on the petition, the undersigned issued a warrant for Mr. Black Eagle's arrest.

Initial appearance

Mr. Black Eagle was arrested on August 16, 2013. CD 71. He made an initial appearance before the undersigned on August 20. CD 67. He was represented by Federal Defender R. Henry Branom, who was appointed as counsel. Assistant United States Attorney Ryan Weldon represented the United States. Mr. Black Eagle said he had read the petition and understood the accusation. Mr. Weldon stated that Mr. Black Eagle faces up to 24 months incarceration if his supervised release is revoked. Mr. Branom agreed.

The undersigned discussed the Findings and Recommendations procedure, explaining that a revocation hearing would be held and a recommendation submitted to United States District Judge Dana L. Christensen. Mr. Black Eagle was instructed that Judge Christensen will determine whether to revoke his supervised release and, if so, what sanction to impose. Mr. Black Eagle was advised of his right to object to the recommendation before Judge Christensen makes those determinations.

A revocation hearing was scheduled for August 27, 2013. The United States moved for detention, but the undersigned ordered Mr. Black Eagle released until the hearing.

Revocation hearing

Shortly before the scheduled revocation hearing, Mr. Branon notified the court that Mr. Black Eagle had contacted the Federal Defenders office, reporting that his vehicle had malfunctioned and he was seeking alternative transportation to the hearing. CD 74. Mr. Black Eagle did not appear at the scheduled hearing. The hearing was continued to 9 a.m. the following day. Mr. Black Eagle did not attend the hearing or inform counsel of his whereabouts. The undersigned then issued a warrant for Mr. Black Eagle's arrest on August 28. CD 77. Mr. Black Eagle was arrested on September 3, 2013. ...


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