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United States v. Buckles

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

April 7, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
EMMETT A. BUCKLES III, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKED DEFENDANTS SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Buckles was accused of violating his conditions of supervised release by consuming marijuana and methamphetamine, and by failing to report to chemical dependancy treatment sessions. He admitted to the violations. Mr. Buckles' supervised release should be revoked. He should be ordered to serve 8 months in custody, with 28 months supervised release to follow.

II. Status

Mr. Buckles plead guilty in 2013 to Making a False Statement During a Firearm Transaction. Doc. 21. He was sentenced to 150 days incarceration, which he had already served awaiting sentencing, and three years on supervised release. Docs. 32, 33. His term of supervised release began on December 12, 2013. Doc. 36. He was in state custody for an unrelated issue until December 23, 2013. Doc. 36.

Petition

The United States Probation Office filed a petition on March 24, 2014, asking the court to revoke Mr. Buckles' supervised release. Doc. 36. The petition accused Mr. Buckles of violating two conditions of his supervised release. It alleged he violated Standard Condition 7 by consuming marijuana on or around December 31, 2013, and by consuming methamphetamine on several occasions in January and February of 2014. The petition alleged that Mr. Buckles violated Special Condition 2 of his supervised release by failing to report to chemical dependency treatment sessions on February 6, 20, and 27 of 2014. Doc. 36. Based on the petition, the undersigned issued a warrant for Mr. Buckles' arrest. Doc. 37.

Initial appearance

Mr. Buckles was arrested on March 26, 2014. Doc. 38. He made an initial appearance before the undersigned on April 1, 2014, in Great Falls, Montana. Mr. Buckles was accompanied at the initial appearance by Federal Defender Anthony Gallahger, who was appointed to represent Mr. Buckles. Assistant United States Attorney Jessica Betley represented the United States.

Mr. Buckles said he had read the petition and understood the allegations. Ms. Betley warned that Mr. Buckles could be incarcerated for up to 24 months if his supervised release is revoked. The undersigned explained Mr. Buckles' rights, including the right to a revocation hearing before United States District Judge Brian Morris, who is presiding over the case.

Mr. Gallagher said he and Mr. Buckles were prepared to proceed with the revocation hearing before the undersigned. Mr. Buckles and Ms. Betley both consented to the jurisdiction of a magistrate judge. The hearing commenced.

Revocation hearing

Mr. Buckles appeared at the revocation hearing with Mr. Gallagher. Ms. Betley appeared for the United States.

Mr. Buckles admitted violating his conditions of supervised release, as alleged in the petition. The undersigned found the admissions sufficient to establish violations, and believes the violations ...


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