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United States v. Crossguns

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

May 7, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS RAY CROSSGUNS, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKED DEFENDANTS SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Crossguns was accused of violating his conditions of supervised release by consuming methamphetamine and Suboxone. He admitted to the violation. Mr. Crossguns' supervised release should be revoked. He should be placed in custody for six months, with 30 months supervised release to follow.

II. Status

Mr. Crossguns plead guilty in 2012 to Assault Resulting in Serious Bodily Injury. Doc. 21. He was sentenced to 27 months incarceration, with three years supervised release to follow. Doc. 28. He began the supervised release on February 4, 2014. Doc. 32.

According to his probation officer, Mr. Crossguns tested positive for methamphetamine on February 24. His probation officer arranged for him to obtain inpatient chemical dependency treatment starting the following week. While awaiting treatment Mr. Crossguns again tested positive for methamphetamine, along with alcohol. Doc. 32. He began inpatient treatment On March 17, and was discharged April 8, 2014. Mr. Crossguns tested positive for alcohol on April 17, and Mr. Crossguns' probation officer instructed him to attend Alcoholics Anonymous meetings daily and check in with the probation office by phone twice per day. After each of these alleged violations, Mr. Crossguns' probation officer warned Mr. Crossguns that he risked revocation of his supervised release. Doc. 32.

Petition

The United States Probation Office filed a petition on May 2, 2014, asking the court to revoke Mr. Crossguns' supervised release. The petition accused Mr. Crossguns of consuming methamphetamine and Suboxone on or around April 29, 2014, in violation of the Preamble to Standard Conditions of his supervised release (prohibiting possession or use of a controlled substance). Doc. 32. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Crossguns' arrest. Doc. 33.

Initial appearance

Mr. Crossguns made an initial appearance before the undersigned on May 6, 2014, in Great Falls, Montana. Mr. Crossguns was accompanied at the initial appearance by Federal Defender Anthony Gallagher, who was appointed to represent Mr. Crossguns. Assistant United States Attorney Laura Weiss represented the United States.

Mr. Crossguns said he had read the petition and understood the allegations. The undersigned explained Mr. Crossguns' rights, including the right to a revocation hearing before United States District Judge Brian Morris, who is presiding over the case.

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

Revocation hearing

Mr. Crossguns appeared at the revocation hearing with Mr. Gallagher. Ms. Weiss ...


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