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United States v. Bullshields

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

November 16, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
BILLIE JOE BULLSHIELDS, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          Johh Johnston, United States Magistrate Judge

         I. Synopsis

         The United States accused Ms. Bullshields of violating her conditions of supervised release by consuming alcohol. She admitted to the violation. Ms. Bullshields's supervised release should be revoked. She should be sentenced to four months of custody, with twenty months of supervised release to follow to include substance abuse treatment at Passages in Billing, Montana and six months at a Residential Reentry Center.

         II. Status

         In February 2013, Ms. Bullshields pleaded guilty to Distribution of Methamphetamine. (Doc. 104.) United States District Court Judge Dana L. Christensen sentenced Ms. Bullshields to 48 months in custody and 48 months of supervised release. (Doc. 146.) Ms. Bullshields's first term of supervised release began on July 23, 2015. (Doc. 199.)

         In September 2015, Ms. Bullshields's supervised release was revoked because she violated her conditions of release by using alcohol, using a controlled substance, and failing to notify her probation officer of a change in employment. She was sentenced to six months of custody and 24 months of supervised release. (Doc. 208.) Ms. Bullshields's second term of supervised release began on February 12, 2016. (Doc. 212.)

         On April 18, 2016, The Court revoked Ms. Bullshields' supervised release because she failed to notify her probation officer of a change in her residence, failed to participate in mental health treatment, failed to participate in substance abuse testing, and used a controlled substance. (Doc. 223.) United States District Judge Brian Morris sentenced her to five months in custody, followed by twenty-four months of supervised release. (Id.) Her current term of supervised release began on July 22, 2016.

         On July 26, 2016, Ms. Bullshields provided the United States Probation Office (USPO) with a urine sample that tested positive for alcohol. The USPO referred her to substance abuse treatment to address past and current substance abuse issues. On September 6, 2016, Ms. Bullshields provided a urine sample that tested positive for Subutex. The USPO referred her phase testing at the Great Falls Transition Center. On September 13, 2016, Ms. Bullshields reported to the USPO that she had been kicked out of the Great falls Rescue Mission for failing to report. Ms. Bullshields stated that he had a mental breakdown the evening before and had used alcohol and methamphetamine. The USPO filed a Report of Offender Under Supervision outlining these violations. (Doc. 226.) Judge Morris allowed her to continue supervision. (Id.)

         Petition

         On September 22, 2016, the USPO filed a petition asking the Court to revoke Ms. Bullshields's supervised release. (Doc. 228.) The USPO accused Ms. Bullshields of violating her conditions of supervised release by consuming alcohol. Based on the petition, Judge Morris issued a warrant for Ms. her arrest. (Doc. 229.)

         Initial appearance

         On September 29, 2016, Ms. Bullshields appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied her at the initial appearance.

         Ms. Bullshields said she had read the petition and understood the allegations. Ms. Bullshields waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned. The Court continued the revocation hearing until October 27, 2016, in order to allow for an evaluation of Ms. Bullshields eligibility for treatment.

         Revocation ...


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