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United States v. Hardwood

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

December 13, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JAY HARDWOOD OLD CHIEF, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Old Chief of violating his conditions of supervised release by (1) using methamphetamine, (2) failing to report to his probation officer, (3) failing to report for outpatient substance abuse treatment, (4) failing to report for substance abuse testing, and (5) walking out of inpatient substance abuse treatment. Mr. Hardwood admitted to the violations. His supervised release should be revoked, and he should be sentenced to four months in custody and thirty-two months of supervised release to follow to include two months of inpatient drug treatment and six months at a Residential Reentry Center

         II. Status

         On June 10, 2014, Mr. Old Chief pleaded guilty to Assault Resulting in Serious Bodily Injury and Sexual Abuse. On September 19, 2014, United States District Court Judge Brian Morris sentenced Mr. Old Chief to twenty-eight months on both counts, to run concurrently, followed by thirty-six months of supervised release on each count, also to run concurrently. (Doc. 61.)

         On May 18, 2016, the United States Probation Office (USPO) filed a Report of Offender Under Supervision addressing Mr. Old Chief's use of Suboxone. (Doc. 65.) The Court allowed Mr. Old Chief to continue his supervised release. On July 7, 2016, the USPO filed a second Report of Offender Under Supervision addressing Mr. Old Chief's continued use of Suboxone. (Doc. 66.) The Court again allowed Mr. Old Chief to continue his supervised release. On July 14, 2016, the USPO filed Petition for Warrant for Offender Under Supervision relating to Mr. Old Chief's use of methamphetamine, failure to attend treatment and testing, failure to report, and failure to maintain employment. (Doc. 67.) The Court dismissed the petition and allowed Mr. Old Chief to continue his supervision. On September 22, 2016, the USPO filed a third Report of Offender Under Supervision detailing Mr. Old Chief's use of methamphetamine. (Doc. 75.) The Court allowed Mr. Old Chief to continue his supervision. On September 26, 2016, the USPO filed a fourth Report of Offender Under Supervision addressing Mr. Old Chief's failure to make payments towards his Special Assessment. (Doc. 76.) The Court allowed Mr. Old Chief to continue his supervised release.

         Petition

         On October 31, 2016, the United States Probation Office filed a petition asking the Court to revoke Mr. Old Chief's supervised release. (Doc. 79.) The Probation Office accused Mr. Old Chief of violating his conditions of supervised release by (1) using methamphetamine, (2) failing to report to his probation officer, (3) failing to report for outpatient substance abuse treatment, (4) failing to report for substance abuse testing, and (5) walking out of inpatient substance abuse treatment. (Id.) Based on the petition, Judge Morris issued a warrant for Mr. Old Chief's arrest. (Doc. 80.)

         Initial appearance

          On November 8, 2016, Mr. Old Chief 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 Jeffery Starnes represented the United States.

         Mr. Old Chief said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

          Mr. Old Chief admitted that he violated the conditions of his supervised release. The violations are serious and warrant revocation of his supervised release.

         Mr. Old Chief's violation grade is Grade C, his criminal history category is I, Count I of his underlying offenses is a Class C felony, and Count II is a Class D felony. He could be incarcerated for up to twenty-four months on each count. He could be ordered to remain on supervised release for thirty-six months, less any custody time imposed, ...


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