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United States v. Stanley

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

November 9, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
NATHAN CHARLES STANLEY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Stanley of violating his conditions of supervised release by submitting a urinalysis that tested positive for methamphetamine and failing to reside at a Residential Reentry Center. He admitted to the violations. Mr. Stanley's supervised release should be revoked. He should be sentenced to five months of custody and twenty-eight months of supervised release. The Court recommends that the Bureau of Prisons place Mr. Stanley in the Federal Correctional Institution in Phoenix, AZ.

         II. Status

         In May 2011, Mr. Stanley pleaded guilty to three counts of Assault Resulting in Serious Bodily Injury and one count of Involuntary Manslaughter. (Doc. 28.) United States District Court Judge Sam E. Haddon sentenced Mr. Stanley to 71 months of custody on each count, to run concurrently, and 36 months of supervised release on each count, to run concurrently. (Doc. 34.) Mr. Stanley's term of supervised release began on April 14, 2016. (Doc. 44.)

         On May 18, 2016, the United States Probation Office filed a Report on Offender under Supervision, notifying the Court that Mr. Stanley used Klonopin, methamphetamine, and oxycodone and failed to report for substance abuse testing. (Doc. 42.)

         On July 5, 2016, the Court revoked Mr. Stanley's supervised release because he submitted a urine sample that tested positive for methamphetamine and opiates, operated a motor vehicle without authorization, and failed to submit monthly supervision reports. The Court sentenced Mr. Stanley to three months in custody, with thirty-three months of supervised release to follow. Mr. Stanley's current term of supervised release began on September 15, 2016.

         Petition

         On October 31, 2016, the United States Probation Office filed a petition asking the Court to revoke Mr. Stanley's supervised release. (Doc. 55.) The Probation Office accused Mr. Stanley of violating the conditions of his supervised release by submitting a urinalysis that tested positive for methamphetamine and failing to reside at a Residential Reentry Center. Based on the petition, Judge Morris issued a warrant for Mr. Stanley's arrest. (Doc. 56.)

         Initial appearance

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

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

         Revocation hearing

         Mr. Stanley admitted that he violated the conditions of his supervised release as alleged in the petition. The violations are serious and warrant ...


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