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United States v. Red Boy

United States District Court, Ninth Circuit

September 25, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ARCHIE DEAN RED BOY III, Defendant.

FINDINGS AND RECOMMENDATION TO REVOKED DEFENDANT'S SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Red Boy was accused of violating the conditions of his supervised release by consuming alcohol and failing to complete a sex offender treatment program. He admitted to the violations. Mr. Red Boy's supervised release should be revoked. He should be ordered to serve nine months in prison, and to continue the lifetime supervised release term already imposed.

II. Status

Mr. Red Boy was convicted by a jury of sexual abuse in 2005. CD 68. The offense consisted of a sexual assault on a victim who was unconscious from intoxication. CD 1. The victim died from asphyxiation. CD 1; 105. Mr. Red Boy was sentenced to 87 months incarceration and lifetime supervised release. CD 80. He began the supervised release in October 2011. CD 105.

Petition

On August 29, 2013, the United States Probation Office petitioned the court to revoke Mr. Red Boy's supervised release. The petition alleged that Mr. Red Boy violated two conditions of his supervised release. It alleged he: 1) consumed alcohol in September 2012 and on several occasions in August 2013, in violation of Special Condition #3 of his supervised release, and 2) failed to complete sex offender treatment - from which he was terminated for alleged alcohol consumption - in violation of Special Condition #5. CD 105. Based on the petition, the undersigned issued a warrant for Mr. Red Boy's arrest.

Initial appearance

Mr. Red Boy was arrested on September 4, 2013. CD 102. He made an initial appearance before the undersigned on September 10. CD 103. He was represented by Federal Defender David Ness, who was appointed as counsel. Assistant United States Attorney Ryan Weldon represented the United States. Mr. Red Boy said he had read the petition and understood the allegations. Mr. Weldon stated that Mr. Red Boy faces up to 24 months incarceration if his supervised release is revoked. Mr. Ness agreed. CD 103.

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. Red Boy was instructed that Judge Christensen will determine whether to revoke his supervised release and, if so, what sanction to impose. Mr. Red Boy was advised of his right to object to the recommendation before Judge Christensen makes those determinations. CD 103.

Mr. Red Boy waived his right to a preliminary hearing. A revocation hearing was scheduled for September 24, 2013. Mr. Red Boy was ordered detained pending the hearing.

Revocation hearing

Mr. Red Boy appeared at the revocation hearing before the undersigned on September 24 with his attorney, Mr. Ness. Mr. Weldon represented the United States.

Mr. Red Boy admitted violating his conditions of supervised release, as alleged in the petition. The undersigned believes Mr. Red Boy's voluntary admission adequately establishes the violations, and that the ...


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