United States District Court, D. Montana, Great Falls Division
June 30, 2015
UNITED STATES OF AMERICA, Plaintiff,
DAGMAR EVYONNE JOHNSON, Defendant.
BRIAN MORRIS, District Judge.
This case was referred to United States Magistrate Judge John Johnston for a revocation hearing and findings and recommendations. Judge Johnston entered his findings and recommendations on June 8, 2015. Defendant admitted violating Standard Condition 7 of her supervised release by using controlled substances, and she admitted violating Special Condition 1 by failing to report for a urinalysis test. Judge Johnston found the admissions sufficient to establish the supervised release violations. He recommended that this Court revoke Defendant's supervised release and commit her to the custody of the United States Bureau of Prisons for a term of imprisonment of four months, with 24 months of supervised release to follow.
No objections were filed by either party. Judge Johnston's findings and recommendations are therefore reviewed for clear error. McDonnell Douglas Corp. Commodore Bus. Mach, Inc., 656 F.2d 1309, 1319 (9th Cir. 1981).
This Court agrees with Judge Johnston's findings. Defendant admitted that she violated Standard Condition 7 and Special Condition 1. Defendant could be incarcerated for up to 36 months, followed by 60 months of supervised release less any custody time imposed. The United States Sentencing Guidelines call for a term of imprisonment of four to ten months. A sentence of four months in custody, followed by 24 months of supervised release is appropriate. The sentence is sufficient but not greater than necessary.
IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 52) are ADOPTED in full and Judgment shall be entered accordingly.