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United States v. Rutherford

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

May 13, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
JESS JAMES RUTHERFORD, JR., Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

JOHN JOHNSTON, Magistrate Judge.

I. Synopsis

Mr. Rutherford was accused of violating his conditions of supervised release by failing to: (1) participate in and complete a program of substance abuse treatment; (2) abstain from the use of any controlled substance; and (3) abstain from the consumption of alcohol. He admitted to the violations. Mr. Rutherford's supervised release should be revoked. He should be placed in custody for 3 months, with 24 months of supervised release to follow. The term of supervised release should include six months in a residential re-entry center.

II. Status

On August 12, 2013, United States Chief District Judge Dana Christensen accepted Mr. Rutherford's plea of guilty to the offense of Assault Resulting in Serious Bodily Injury. Doc. 24. Mr. Rutherford was sentenced to 24 months of incarceration, with 3 years of supervised release to follow. Doc. 29. Mr. Rutherford's current term of supervised release began on January 16, 2015. Doc. 33.

Petition

On May 11, 2015, the United States Probation Office filed a petition asking the Court to revoke Mr. Rutherford's supervised release. In the petition, the Probation Office accused Mr. Rutherford of violating Special Condition 2 of his supervised release by failing to participate in and complete a program of substance abuse treatment. The Probation Office also accused Mr. Rutherford of violating Standard Condition 7 of his supervised release by failing to refrain from the use of controlled substances. The Probation Office alleged Mr. Rutherford violated Special Condition 4 of his supervised release by failing to abstain from the consumption of alcohol. Doc. 33. Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Rutherford's arrest. Doc. 34.

Initial appearance

Mr. Rutherford appeared before the undersigned on May 11, 2015, in Great Falls, Montana. Federal Defender David Ness accompanied him at the initial appearance. Assistant United States Attorney Jessica Betley represented the United States.

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

Revocation hearing

On May 11, 2015, Mr. Rutherford appeared with Mr. Ness before the undersigned for a revocation hearing. Ms. Betley appeared on behalf of the United States.

Mr. Rutherford admitted that he violated the conditions of his supervised release. The violations are serious and warrant revocation of Mr. Rutherford's supervised release.

Mr. Rutherford's violation grade is Grade C, his criminal history category is I, and his underlying offense is a Class C felony. He could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for 36 months, less any custody time imposed. The ...


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