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United States v. Healy

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

May 21, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
AUSTIN BROOKS HEALY, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKED DEFENDANTS SUPERVISED RELEASE

KEITH STRONG, Magistrate Judge.

I. Synopsis

Mr. Healy was accused of violating his conditions of supervised release by consuming alcohol and possessing a knife. He admitted the violations. Mr. Healy' supervised release should be revoked. He should be placed in custody for 12 months and one day, with 24 months supervised release to follow.

II. Status

Mr. Healy plead guilty in 2008 to Felon in Possession of a Firearm. Doc. 22. The offense involved Mr. Healy threatening to shoot some acquaintances, and actually shooting two pet dogs, while intoxicated. Doc. 19. He was sentenced to 71 months incarceration, with three years supervised release to follow. Doc. 30. He began the supervised release period on January 4, 2014. Doc. 32.

Petition

The United States Probation Office filed a petition on May 15, 2014, asking the court to revoke Mr. Healy's supervised release. The petition accused Mr. Healy of consuming alcohol on or about May 3, 2014, in violation of Special Condition 3 of his supervised release. According to the petition, an elderly woman called policy that day to report that Mr. Healy, while heavily intoxicated, was destroying possessions in her home. He was arrested by a tribal officer. The petition also accused of Mr. Healy of violating the Preamble to Standard Conditions of supervised release by possessing a dangerous weapon on May 3, 2014. According to the petition, Mr. Healy had a knife concealed in a sheath on his leg when he was arrested that day. Doc. 32. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Healy's arrest. Doc. 33.

Initial appearance

Mr. Healy appeared before the undersigned on May 20, 2014, in Great Falls, Montana. Mr. Healy was accompanied at the initial appearance by Federal Defender Evangelo Arvanetes. Assistant United States Attorney Jessica Betley represented the United States.

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

Mr. Arvanetes said Mr. Healy would waive the preliminary hearing and was prepared to proceed with the revocation hearing before the undersigned. Mr. Healy and Ms. Betley both consented to the jurisdiction of a magistrate judge. The hearing commenced.

Revocation hearing

Mr. Healy appeared at the revocation hearing with Mr. Arvanetes. Ms. Betley appeared for the United States.

Mr. Healy admitted consuming alcohol and possessing a knife in violation of conditions of his supervised release, as alleged in the petition. The undersigned found the admission sufficient to establish violations, and believes the ...


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