United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
United States accused Ms. Ricker of violating her conditions
of supervised release by consuming alcohol on several
occasions, failing to report for substance abuse treatment,
and failing to report for substance abuse testing. Ms. Ricker
admitted to the violations. Her supervised release should be
revoked, and she should be sentenced to seven months in
custody and forty-seven months of supervised release to
13, 2004, Ms. Ricker pleaded guilty to Second Degree Murder.
On October 4, 2004, United States District Court Judge Sam
Haddon sentenced her to 121 months in custody, followed by
sixty months of supervised release. (Doc. 65.)
April 1, 2013, the Chief United States District Judge for the
District of Montana Dana L. Christensen revoked Ms.
Ricker's supervised release because she used
methamphetamine on four occasions. Judge Christensen
sentenced her to six months in custody followed by fifty-four
months of supervised release. (Doc. 77.) Her current term of
supervised release began on August 27, 2013.
October 18, 2016, the United States Probation Office filed a
petition asking the Court to revoke Ms. Rickers'
supervised release. (Doc. 79.) The Probation Office accused
her of violating her conditions of supervised release by
consuming alcohol on several occasions, failing to report for
substance abuse treatment, and failing to report for
substance abuse testing. (Id.) Based on the
petition, Judge Morris issued a warrant for Ms. Ricker's
arrest. (Doc. 80.)
November 3, 2016, Ms. Ricker appeared before the undersigned
in Great Falls, Montana, for an initial appearance. Federal
Defender David Ness accompanied her at the initial
appearance. Assistant United States Attorney Jessica Betley
represented the United States.
Ricker said she had read the petition and understood the
allegations. She waived the preliminary hearing, and the
parties consented to proceed with the revocation hearing
before the undersigned. The Court continued the hearing in
order to explore treatment options.
November 15, 2016, Ms. Ricker appeared for her revocation
hearing before the undersigned. Federal Defender Tony
Gallagher accompanied her. She admitted that she violated the
conditions of her supervised release. The violations are
serious and warrant revocation of his supervised release.
Ricker's violation grade is Grade C, her criminal history
category is I, and her underlying offense is a Class A
felony. She could be incarcerated for up to sixty months. She
could be ordered to remain on supervised release for
fifty-four months, less any custody time imposed. The ...