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United States v. Beston

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

May 1, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
EVAN ALLEN BESTON, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKED DEFENDANTS SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Beston was accused of violating his conditions of supervised release by consuming alcohol. He admitted to the violation. Mr. Beston's supervised release should be revoked. He should be placed in custody for 10 months, with 40 months supervised release to follow.

II. Status

Mr. Beston plead guilty in 2007 to Arson. Doc. 19. He was sentenced to 16 months incarceration, with five years supervised release to follow. Doc. 26. The sentence was made consecutive to a sentence Mr. Beston was serving for a separate juvenile arson offense. Doc. 26. He began the supervised release in June 2012. Doc. 43. Mr. Beston's supervised release was revoked in July 2013 because he violated conditions by using alcohol and methamphetamine. Docs. 38, 40. He was ordered to serve 10 months in custody, with 50 months supervised release to follow. Doc. 40. Mr. Beston began his current term of supervised release on April 1, 2014. Doc. 43.

Petition

The United States Probation Office filed a petition on April 24, 2014, asking the court to revoke Mr. Beston's supervised release. The petition accused Mr. Beston of consuming alcohol on April 19, 2014, in violation of Special Condition 5 of his supervised release. Doc. 43. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Beston's arrest. Doc. 44.

Initial appearance

Mr. Beston made an initial appearance before the undersigned on April 29, 2014, in Great Falls, Montana. Mr. Beston was accompanied at the initial appearance by Federal Defender Anthony Gallahger, who was appointed to represent Mr. Beston. Assistant United States Attorney Jessica Betley represented the United States.

Mr. Beston said he had read the petition and understood the allegations. Ms. Betley warned that Mr. Beston could be incarcerated for up to 36 months if his supervised release is revoked. The undersigned explained Mr. Beston's 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. Beston were prepared to proceed with the revocation hearing before the undersigned. Mr. Beston and Ms. Betley both consented to the jurisdiction of a magistrate judge. The hearing commenced.

Revocation hearing

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

Mr. Beston admitted consuming alcohol in violation a condition of his supervised release, as alleged in the petition. However, he did not admit to any conduct alleged in the narrative portion of the petition. The undersigned found the admission sufficient to establish a violation, and ...


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