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United States v. Arthur

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

April 8, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
ALICIA ARIE ARTHUR, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

JOHN JOHNSTON, Magistrate Judge.

I. Synopsis

Ms. Arthur was accused of violating her conditions of supervised release by failing to: (1) refrain from using controlled substances; (2) appear for urinalysis testing; (3) find employment; (4) make monthly restitution payments; (5) submit a monthly report to her probation officer and to contact the officer as directed; (6) participate in a program for mental health treatment; and (7) notify the probation officer prior to any change in residence or employment. She admitted to the violations. Ms. Arthur's supervised release should be revoked. She should be placed in custody for seven months, with 29 months of supervised release to follow.

II. Status

In September 2012, Ms. Arthur pleaded guilty to the offense of Robbery Affecting Commerce. Doc. 38. She was sentenced to 44 months of custody, followed by three years of supervised release. Doc. 53. Ms. Arthur's period of supervised release began on October 27, 2014. Doc. 67. On December 23, 2014, the United States Probation Office filed a Report on Offender Under Supervision, notifying the Court that Ms. Arthur had admitted to smoking methamphetamine and heroin. Ms. Arthur's probation officer advised the Court that he was willing to continue supervising Ms. Arthur if she continued to follow Child Protective Services's treatment requirements and remained substance and abuse free. Doc. 64.

Petition

The United States Probation Office filed an amended petition asking the Court to revoke Ms. Arthur's supervised release on March 24, 2015. In the petition, the Probation Office accused Ms. Arthur of violating Standard Condition 7 by consuming controlled substances. The Probation Office accused Ms. Arthur of violating Special Condition 1 by failing to appear for urinalysis testing. The petition alleged Ms. Arthur violated Standard Condition 5 by failing to find employment. The petition alleged Ms. Arthur violated Special Condition 9 by failing to make monthly restitution payments. The petition also alleged Ms. Arthur violated Standard Condition 2 by failing to report to her probation officer as directed. The Probation Office accused Ms. Arthur of violating Special Condition 3 by failing to participate in a program for mental health treatment. The Probation Office also accused Ms. Arthur of violating Standard Condition 6 by failing to notify the probation officer of any change in residence. Doc. 67. Based on the petition, United States District Judge Brian Morris issued a warrant for Ms. Arthur's arrest. Doc. 68.

Initial appearance

Ms. Arthur appeared before the undersigned on March 30, 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. Arthur said she had read the petition and understood the allegations. Ms. Arthur waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

Revocation hearing

On April 7, 2015, Ms. Arthur appeared at the revocation hearing with Mr. Arvanetes. Mr. Dake appeared on behalf of the United States.

Ms. Arthur admitted that she violated the conditions of her supervised release. These violations are serious and warrant revocation of Ms. Arthur's supervised release.

Ms. Arthur's violation grade is Grade C, her criminal history category is IV, and her underlying offense is a Class C felony. She could be incarcerated for no more than 24 months. She could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. ...


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