United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE
JOHN JOHNSTON, Magistrate Judge.
Ms. Flynn was accused of violating her conditions of supervised release by unlawfully possessing controlled substances and by purposely adulterating a urinalysis sample. She admitted to the violations. Ms. Flynn's supervised release should be revoked. She should be placed in custody for four months, with 12 months of supervised release to follow. The term of supervised release should include six months in a residential re-entry center.
In November 2010, Ms. Flynn pleaded guilty to the offense of Involuntary Manslaughter. Doc. 37. She was sentenced to 24 months of custody, followed by three years of supervised release. Doc. 45. Ms. Flynn's period of supervised release began on July 20, 2012. Doc. 57. In June 2013, Chief United States District Judge Dana L. Christensen granted a request to modify the conditions of Ms. Flynn's supervised release to add a search condition. Doc. 48.
The United States Probation Office filed an amended petition asking the Court to revoke Ms. Flynn's supervised release on April 7, 2015. In the petition, the Probation Office accused Ms. Flynn of violating Standard Condition 7 and Special Condition 2 of her supervised release by consuming controlled substances and purposely adulterating a urinalysis sample. Based on the petition, United States District Judge Brian Morris issued a warrant for Ms. Flynn's arrest. Doc. 57.
Ms. Flynn appeared before the undersigned on April 7, 2015, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied her at the initial appearance. Assistant United States Attorney Bryan Dake represented the United States.
Ms. Flynn said she had read the petition and understood the allegations. Ms. Flynn waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.
On April 7, 2015, Ms. Flynn appeared at the revocation hearing with Mr. Arvanetes. Mr. Dake appeared on behalf of the United States.
Ms. Flynn admitted that she violated the conditions of her supervised release. These violations are serious and warrant revocation of Ms. Flynn's supervised release.
Ms. Flynn's violation grade is Grade C, her criminal history category is I, and her underlying offense is a Class D felony. She could be incarcerated for up to 24 months. She could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The ...