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United States v. Connor

United States District Court, D. Montana

May 21, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
TYRELL JOHN T.J. CONNOR, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKED DEFENDANTS SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Connor was accused of violating his conditions of supervised release by failing to report for urinalysis testing and failing to complete substance abuse treatment. He admitted the violations. Mr. Connor's supervised release should be revoked. He should be placed in custody for six months and ordered to serve 54 months supervised release, with the first six months in a pre-release center.

II. Status

Mr. Connor plead guilty in 2010 to Arson. Doc. 80. He was sentenced to 45 months incarceration with five years supervised release to follow, and ordered to pay $220, 000 restitution. Doc. 106. He began the supervised release period in Wyoming in October 2013, where he resided in a pre-release facility. Mr. Connor returned to Montana in January 2014 after he was terminated from his job, and signed the terms of his supervision in the District of Montana on February 6, 2014. Doc. 123.

Petition

The United States Probation Office filed a petition on May 15, 2014, asking the court to revoke Mr. Connor's supervised release. The petition accused Mr. Connor of failing to report for urinalysis testing on March 26, April 11, and April 28, 2014, in violation of Special Condition 1 of his supervised release. The petition also accused Mr. Connor of failing to attend substance abuse therapy sessions on March 26, April 2, April 16, and April 23, 2014, in violation of Special Condition 2 of his supervised release. Doc. 123. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Connor's arrest. Doc. 124.

Initial appearance

Mr. Connor appeared before the undersigned on May 20, 2014, in Great Falls, Montana. He was accompanied at the initial appearance by Federal Defender R. Henry Branom. Assistant United States Attorney Jessica Betley represented the United States.

Mr. Connor said he had read the petition and understood the allegations. Ms. Betley warned Mr. Connor that he could be incarcerated for up to 36 months if his supervised release is revoked. The undersigned explained Mr. Connor's rights, including the right to a revocation hearing before United States District Judge Brian Morris, who is presiding over the case.

Mr. Connor waived the preliminary hearing. Mr. Branom requested an immediate revocation hearing before the undersigned. He and Ms. Betley consented to the jurisdiction of a magistrate judge. The hearing commenced.

Revocation hearing

Mr. Connor appeared at the revocation hearing with Mr. Branom. Ms. Betley appeared for the United States.

Mr. Connor admitted missing substance abuse testing appointments and failing to complete substance abuse treatment, as alleged in the petition. The undersigned found the admissions sufficient to establish violations, and believes the ...


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