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United States v. Denny

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

December 7, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
CHAREYA RITA MARY DENNY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United Stales Magistrate Judge.

         I. Synopsis

         The United States accused Ms. Denny of violating her conditions of supervised release by submitting a urine sample that tested positive for alcohol, providing a breath sample that tested positive for alcohol, attempting to defeat the urinalysis testing program, failing to report for urinalysis testing on several occasions, providing a urine sample that tested positive for methamphetamine, and failing to attend substance abuse treatment group sessions. Ms. Denny admitted to the violations. The district court should revoke Ms. Denny's supervised release and sentence her to eight months of custody, with ten months of supervised release to follow, to include mental health treatment.

         II. Status

         In June 2011, Ms. Denny pleaded guilty to Possession with Intent to Distribute and Distribution of Methamphetamine. (Doc. 34.) She was sentenced to 45 months of custody, followed by three years of supervised release. (Doc. 38.) Ms. Denny's first period of supervised release began on August 30, 2013. (Doc. 44.) In October 2013, Chief United States District Court Judge Dana L. Christensen modified the conditions of Ms. Denny's release by requiring her to participate in substance abuse testing and substance abuse treatment and by prohibiting her from consuming toxic substances. (Doc. 43.) Ms. Denny's supervised release was revoked in August 2015 because she violated her conditions by using methamphetamine and marijuana. United States District Court Judge Brian Morris sentenced Ms. Denny one day of custody with credit for time served and 24 months of supervised release. (Doc. 50.) Ms. Denny's second period of supervised release began in August 2015.

         In December 2015, Judge Morris again revoked Ms. Denny's supervised release because she failed to participate in substance abuse treatment and failed to notify her probation officer of a change in her address. Judge Morris sentenced her to six months in custody followed by eighteen months of supervised release. (Doc. 62.) Ms. Denny's current term of supervised release began on May 13, 2015.

         Petition

         On September 26, 2016, the United States Probation Office filed a petition asking the Court to revoke Ms. Denny's supervised release. (Doc. 64.) Based on the petition, Judge Morris issued a warrant for Ms. Denny's arrest. (Doc. 65.) The Probation Office accused Ms. Denny of violating the conditions of her supervised release by submitting a urine sample that tested positive for alcohol, providing a breath sample that tested positive for alcohol, attempting to defeat the urinalysis testing program, failing to report for urinalysis testing on several occasions, providing a urine sample that tested positive for methamphetamine, and failing to attend substance abuse treatment group sessions. (Doc. 64.)

         Initial appearance

         On October 25, 2016, Ms. Denny appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied her at the initial appearance. Assistant United States Attorney Chad Spraker represented the United States.

         Ms. Denny said she had read the petition and understood the allegations. Ms. Denny waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         Ms. Denny admitted that she violated the conditions of her supervised release. The violations are serious and warrant revocation of Ms. Denny's supervised release.

         Ms. Denny's violation grade is Grade C, her criminal history category is I, and her underlying offense is a Class C felony. Ms. Denny could be incarcerated for up to 24 months, and she could be ordered to remain on supervised release for 29 months, less any custody time imposed. The ...


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