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United States v. McDowell

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

April 2, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
RUEBEN NATHANIEL McDOWELL, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

JOHN JOHNSTON, Magistrate Judge.

I. Synopsis

Mr. McDowell was accused of violating his conditions of supervised release by failing to follow the instructions of his probation officer and failing to notify his probation officer at least ten days prior to any change in employment. He admitted to the violations. Mr. McDowell's supervised release should be revoked. He should be placed in custody for fourteen months, with no supervised release to follow.

II. Status

In April 2002, Mr. McDowell pleaded guilty to the offense of Conspiracy to Distribute a Controlled Substance. Doc. 16. He was sentenced to 130 months of incarceration, with five years supervised release to follow. Doc. 26.

Mr. McDowell began supervised release in May 2012, but had it revoked two months later because he violated the conditions by committing a new crime, possessing a knife, and consuming alcohol. He was sentenced to 12 months of incarceration, followed by 48 months of supervised release. Doc. 44.

Mr. McDowell's second term of supervised release began on July 6, 2013. Doc. 46. In September 2013, Mr. McDowell's supervised release was revoked because he violated the conditions by consuming alcohol, failing to notify his probation officer within 72 hours that he was arrested for public intoxication, failing to report to the probation officer as directed, and associating with a convicted felon. Mr. McDowell was sentenced to 12 months and one day of incarceration, followed by 36 months of supervised release. Doc. 57.

Mr. McDowell's third term of supervised release began on June 27, 2014. Doc. 59. On August 25, 2014, his supervised release was revoked because he violated the conditions by failing to report to the probation officer within 72 hours of his release from custody. He was sentenced to eight months of incarceration, with 28 months of supervised release to follow. Doc. 72. Mr. McDowell's current term of supervised release began on March 5, 2015. Doc. 75.

Petition

On March 24, 2015, the United States Probation Office filed a petition asking the Court to revoke Mr. McDowell's supervised release. In the petition, the Probation Office accused Mr. McDowell of violating Standard Condition 3 of his supervised release by failing to follow the instructions of the probation officer. The Probation Office also accused Mr. McDowell of violating Standard Condition 6 of his supervised release by failing to notify the probation officer at least ten days prior to any change in employment. Doc. 75. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. McDowell's arrest. Doc. 76.

Initial appearance

Mr. McDowell appeared before the undersigned on April 2, 2015, in Great Falls, Montana. Federal Defender Anthony R. Gallagher accompanied him at the initial appearance. Assistant United States Attorney Bryan Dake represented the United States.

Mr. McDowell said he had read the petition and understood the allegations. Mr. McDowell waived the preliminary hearing, and the parties consented to proceed with ...


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