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United States v. Longee

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

November 8, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
ARTHUR DION LONGEE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Longee of violating his conditions of supervised release by failing to report for substance abuse testing, failing to report for substance abuse treatment, failing to successfully complete a sex offender treatment program, and by submitting a urine sample that tested positive for methamphetamine. Mr. Longee's supervised release should be revoked. He should be sentenced to seven months of custody, with 105 months of supervised release to follow.

         II. Status

         In October 2012, Mr. Longee pleaded guilty to Sexual Abuse of a Minor. (Doc. 35.) Chief United States District Court Judge Dana L. Christensen sentenced Mr. Longee to 24 months of custody and 120 months of supervised release. (Doc. 42.) Mr. Longee's first term of supervised release began on January 17, 2014. (Doc. 57.)

         On June 11, 2014, the United States Probation Office submitted a Petition Modifying the Conditions of Release with Consent of Offender. United States District Court Judge Brian Morris signed the petition, modifying Mr. Longee's conditions of release to comply with Ninth Circuit requirements. The Probation Office also notified the Court that Mr. Longee had used marijuana. (Doc. 45.)

         On September 17, 2014, Mr. Longee's supervised release was revoked because he violated the conditions of his release by using alcohol and failing to complete sex offender treatment. He was sentenced to four months of custody and 116 months of supervised release. (Doc. 53.) He began his current term of supervision on January 9, 2015. (Doc. 57.)

         On July 20, 2015, the United States Probation Office filed a Report on Offender under Supervision, notifying the Court that Mr. Longee used methamphetamine, consumed alcohol, and did not report for substance abuse testing. (Doc. 56.)

         On May 11, 2016, United States District Judge Brian Morris revoked Mr. Longee's supervised release because Mr. Longee used methamphetamine, failed to report for substance abuse testing, and failed to attend substance abuse treatment. Mr. Longee's current term of supervision began on August 5, 2016. On September 21, 2016, The Probation Office filed a Report of Offender Under Supervision reporting that Mr. Longee used methamphetamine, used alcohol, failed to report for substance abuse testing, and failed to attend substance abuse treatment. (Doc. 70.) At the Probation Office's request, Judge Morris allowed Mr. Longee to continue with supervision.

         Petition

         On October 24, 2016, the United States Probation Office filed a petition asking the Court to revoke Mr. Longee's supervised release. The Probation Office accused Mr. Longee of violating the conditions of his supervised release by failing to report for substance abuse testing, failing to report for substance abuse treatment, failing to successfully complete a sex offender treatment program, and by submitting a urine sample that tested positive for methamphetamine. Based on the petition, Judge Morris issued a warrant for Mr. Longee's arrest. (Doc. 72.)

         Initial appearance

          On November 3, 2016, Mr. Longee appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jessica Betley represented the United States.

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


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