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United States v. Blackman

United States District Court, Ninth Circuit

December 16, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
DEANNA MARIE BLACKMAN, Defendant.

FINDINGS AND RECOMMENDATION TO REVOKE DEFENDANT'S SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Ms. Blackman was charged with violating her supervised release conditions by consuming alcohol. She admitted to the violation. Ms. Blackman's supervised release should be revoked. She should be incarcerated for 12 months and one day, with no supervised release to follow.

II. Status

Ms. Blackman plead guilty in 2009 to Assault Resulting in Serious Bodily Injury. Doc. 19. She was sentenced to 41 months in prison and three years supervised release. Doc. 31. Ms. Blackman began the supervised release period in June 2012. Doc. 66. In March 2013, her supervised release was revoked because she violated the conditions by associating with a convicted felon. Doc. 62. Ms. Blackman was ordered to spend approximately five months in custody as a sanction for the violations, with 31 months supervised release to follow. Doc. 63. She began her current term of supervision on May 11, 2013. Doc. 66. On December 4, Ms. Blackman's probation officer sought a modification of conditions to require Ms. Blackman to reside in a pre-release facility for six months. Doc. 65. Before any action was taken on than request, the probation officer filed a petition for revocation of Ms. Blackman's release. Doc. 66.

Petition

The United States Probation Office filed a petition on Dec 9, 2013, requesting revocation of Ms. Blackman's supervised release. The petition alleged that Ms. Blackman had violated Special Condition 4 of her supervised release by consuming alcohol at the Pioneer Bar in Cut Bank on December 6, 2013. Doc. 66. Based on the petition, the undersigned issued a warrant for Ms. Blackman's arrest. Doc. 67.

Initial appearance

Ms. Blackman was arrested on December 10, 2013. Doc. 68. She appeared before the undersigned on December 12. Ms. Blackman was accompanied by Federal Defender Anthony Gallagher, who was appointed as counsel. The United States was represented by Assistant United States Attorney Ryan Weldon. Ms. Blackman said she had read the petition and understood the allegations. Mr. Weldon warned Ms. Blackman she could be incarcerated for up to 24 months if her supervised release is revoked.

The undersigned informed Ms. Blackman that a revocation hearing would be held, and based on that hearing a recommendation would be made to United States District Judge Dana Christensen, who will decide whether to revoke her supervised release and, if appropriate, impose a sanction. Mr. Gallagher said he and Ms. Blackman were prepared to proceed immediately to the revocation hearing. Mr. Weldon was also prepared, so the revocation hearing commenced.

Revocation hearing

Ms. Blackman was present at the revocation hearing with Mr. Gallagher. Mr. Weldon represented the United States. Ms. Blackman admitted to violating her supervised release, as alleged in the petition (though not to any other misconduct alleged or implied in the narrative portion of the petition).

The undersigned believes Ms. Blackman's admission establishes a violation. Ms. Blackman appeared to make the admission knowingly and after consultation with her attorney. The violation merits revocation of Ms. Blackman's supervised release because it was a deliberate and substantial violation of a condition.

Ms. Blackman's violation grade is C, her criminal history category is I, and the underlying violation is a Class C felony. The undersigned calculated that she could be incarcerated for up to 24 months. The United States Sentencing Guidelines call for 3 to 9 months imprisonment. U.S. Guidelines Manual, Ch. 7. Ms. Blackman could be ordered to remain on supervised release for up to 33 months, less any custodial time imposed. Mr. Weldon and Mr. ...


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