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United States v. Last Star

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

February 26, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
MELVIN JOSEPH LAST STAR, Defendant.

FINDINGS AND RECOMMENDATIONS TO MODIFY DEFENDANT'S CONDITIONS OF SUPERVISED RELEASE

JOHN JOHNSTON, Magistrate Judge.

I. Synopsis

Mr. Last Star was accused of violating his conditions of supervised release by being committing another crime. Doc. 79. He admitted to the violation. The Court should not impose a term of custody and should order Mr. Last Star to continue on his term of supervised release. The Court should modify the special conditions of Mr. Last Star's supervised release to include a condition imposing a 90-day period of electronic monitoring.

II. Status

In September 2002, Mr. Last Star pleaded guilty to the crime of Aggravated Sexual Abuse. Doc. 19. He was sentenced to 121 months of incarceration, followed by 60 months of supervised release. Doc. 35. Mr. Last Star's period of supervised release began on July 19, 2011. On December 20, 2012, Mr. Last Star's supervised release was revoked because he was in possession of sexually oriented material. Mr. Last Star was sentenced to nine months of incarceration, followed by 51 months of supervised release. Doc. 79. On January 9, 2014, the United States Court of Appeals for the Ninth Circuit reversed and remanded the revocation of supervised release. U.S. v. Star, 552 Fed.Appx. 635 (9th Cir. 2014). On May 8, 2014, the Court issued a second amended judgment in accordance with the Ninth Circuit's opinion. Doc. 76.

Mr. Last Star's current term of supervised release began on August 8, 2013. Doc. 79.

Petition

The United States Probation Office filed a petition asking the Court to revoke Mr. Last Star's supervised release on February 24, 2015. In the petition, the Probation Office accused Mr. Last Star of violating the Preamble to the Standard Conditions of his supervised release by committing another federal, state, or local crime. Specifically, the petition alleged Mr. Last Star had given 27 prescription pills to his sister. Doc. 79. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Last Star's arrest. Doc. 80.

Initial appearance

Mr. Last Star appeared before the undersigned on February 25, 2015, in Great Falls, Montana. Federal Defender David Ness accompanied him at the initial appearance. Assistant United States Attorney Ryan Weldon represented the United States.

Mr. Last Star said he had read the petition and understood the allegations. He did not contest the alleged violation. Mr. Last Star waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

Revocation hearing

On February 25, 2015, Mr. Last Star appeared at the revocation hearing with Mr. Ness. Assistant United States Attorney Ryan Weldon appeared on behalf of the United States.

Mr. Last Star admitted that he violated the terms of his supervised release. The Court found ...


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