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United States v. Tanner

United States District Court, Ninth Circuit

September 25, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS FRANKLIN TANNER, Defendant.

FINDINGS AND RECOMMENDATION TO REVOKED DEFENDANT'S SUPERVISED RELEASE

KEITA STRONG, Magistrate Judge.

I. Synopsis

Mr. Tanner was accused of violating the conditions of his supervised release by possessing methamphetamine and committing a state crime. He admitted to the violations. Mr. Tanner's supervised release should be revoked. He should be ordered to serve 12 months and one day in prison, with 48 months supervised release to follow.

II. Status

Mr. Tanner plead guilty in 2001, in the District of Wyoming, to Conspiracy to Possess with Intent to Distribute Methamphetamine. CD 2-2. He was sentenced in June 2001to 151 months imprisonment, with five years supervised release to follow. CD 2-2. The sentence was later reduced to 121 months. CD 2-2. Mr. Tanner signed the terms of his supervised release in Great Falls, Montana, in September 2009. CD 10. Jurisdiction was transferred from the District of Wyoming to the District of Montana by Order on March 8, 2010. CD 1.

Petition

The United States Probation Office petitioned the court on October 15, 2012, to revoke Mr. Tanner's supervised release. The petition alleged that Mr. Tanner was found in possession of methamphetamine and heroin. Mr. Tanner was charged with drug possession by the State of Montana for the same conduct, convicted, and sentenced to 12 months imprisonment.[1] Based on the petition, United States District Judge Sam E. Haddon issued a warrant for Mr. Tanner's arrest. CD 6. Mr. Tanner was arrested on that warrant at the expiration of his state sentence, on September 10, 2013. CD 11.

Initial appearance

Mr. Tanner made an initial appearance before the undersigned on September 12, 2013. He was represented by Federal Defender David Ness, who was appointed as his counsel. Assistant United States Attorney Jessica Betley represented the United States. CD 7.

Mr. Tanner said he had read the petition and understood the allegations. Ms. Betley stated that Mr. Tanner could be incarcerated for up to 60 months if his supervised release is revoked. Mr. Ness agreed. CD 7.

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. Tanner was instructed that Judge Christensen will determine whether to revoke his supervised release and, if so, what sanction to impose. Mr. Tanner was advised of his right to object to the recommendation before Judge Christensen makes those determinations. CD 7.

Upon discussion with the undersigned, Ms. Betley represented that the United States Probation Office would file an updated petition that considered Mr. Tanner's state conviction and incarceration, which occurred after the original petition was filed. CD 7.

Mr. Tanner waived his right to a preliminary hearing. A revocation hearing was scheduled for September 24, 2013. Mr. Tanner was ...


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