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United States v. Fast Horse

United States District Court, D. Montana, Great Falls Division

March 5, 2014

UNITED STATES, Plaintiff,
v.
MARCUS GERALD FAST HORSE, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKED DEFENDANTS SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Fast Horse was accused of violating his conditions of supervised release by committing a tribal offense, failing to notify his probation officer of contact with law enforcement, and consuming alcohol. He admitted to the violations. Mr. Fast Horse's supervised release should be revoked. He should be sentenced to 18 months imprisonment. Supervised release is ineffective in this case and should be discontinued.

II. Status

Mr. Fast Horse plead guilty in 2011 to Burglary and Conspiracy to Commit Burglary. Doc. 26. He was sentenced to 24 months incarceration, to be followed by three years on supervised release. Doc. 34. His term of supervised release began on February 15, 2013. Doc. 36. Mr. Fast Horse's supervised release was revoked in June 2013 because he violated the conditions. He was ordered into custody for nine months, with 27 months supervised release to follow. Doc. 44. Mr. Fast Horse began his current period of supervised release on January 13, 2014. Doc. 48. On February 10, the United State Probation Officer filed a "Report on Offender Under Supervision, " alleging Mr. Fast Horse had violated his supervised release conditions by consuming marijuana, alcohol, and unauthorized prescription drugs. Doc. 47. Mr. Fast Horse's probation officer did not recommend revocation of supervised release at that time, and the court imposed no sanction.

Petition

The United States Probation Office filed a petition on February 20, 2014, asking the court to revoke Mr. Fast Horse's supervised release. Doc. 48. The petition accused Mr. Fast Horse of violating three conditions of his supervised release. It alleged he violated the Preamble to Standard Conditions by committing a local (tribal) offense on or around February 8, 2014. According to the petition, Mr. Fast Horse was convicted of Simple Assault, in violation of the Fort Peck Tribal Code, for an offense that occurred that day. The petition alleged Mr. Fast Horse violated Standard Condition 11 by failing to inform his probation officer within 72 hours that he had been questioned and cited by law enforcement officers with relation to the assault charge. The petition alleged that Mr. Fast Horse violated Special Condition 3 of his supervised release by consuming alcohol on or about February 8, 2014. According to the petition, Mr. Fast Horse's blood alcohol content measured.235 when he was arrested on the assault charge.

Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Fast Horse's arrest. Doc. 49.

Initial appearance

Mr. Fast Horse was arrested on March 3, 2014. Doc. 51. He made an initial appearance before the undersigned on March 4, 2014, in Great Falls, Montana. Mr. Fast Horse was accompanied at the initial appearance by Federal Defender Evangelo Arvanetes, who was appointed to represent Mr. Fast Horse. Assistant United States Attorney Ryan Weldon represented the United States.

Mr. Fast Horse said he had read the petition and understood the allegations. Mr. Weldon warned that Mr. Fast Horse could be incarcerated for up to 24 months on each of two underlying convictions if his supervised release is revoked, and that the custodial periods could run consecutively for a total of up to 48 months in prison. The undersigned explained Mr. Fast Horse's rights, including the right to a revocation hearing.

Mr. Arvanetes said he and Mr. Fast Horse were prepared to proceed with the revocation hearing before the undersigned. Mr. Fast Horse and Mr. Weldon both consented to the jurisdiction of a magistrate judge. The hearing commenced.

Revocation hearing

Mr. Fast Horse appeared at the revocation hearing with Mr. Arvanetes. Mr. Weldon ...


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