United States District Court, D. Montana, Helena Division
Charles C. Lovell, Judge
December 12, 2016, this Court referred a Petition for
Revocation (Doc. 6) for hearing, findings of fact, and
recommendation to Magistrate Judge Johnston by order (Doc.
The revocation hearing was held on December 14, 2016. Pending
now before the Court is the Report of Findings &
Recommendations ("F&R") filed by Magistrate
Judge Johnston on December 20, 2016 (Doc. 14). The F&R
notified the parties of their opportunity to object to the
F&R within a 14-day period. The deadline for objections
has now passed, and neither party has filed any objection to
following factual rinding is taken from the F&R:
1. Chanci Lynn Morrison violated her conditions of supervised
release by (1) using methamphetamine and (2) committing
another crime while on supervised release.
(Doc. 14 at 4.) At the revocation hearing, Defendant Morrison
admitted that she violated the conditions of her supervised
release. (Doc. 14 at 3.)
F&R, Judge Johnston recommends that this Court revoke
Defendant's supervised release and sentence her to a term
of imprisonment of seven months with a fifty-three month term
of supervised release to follow under the same conditions of
supervision as previously imposed.
Standard of Review
to 28 U.S.C. § 636(b)(1) this Court "may accept,
reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." The
district judge must review the magistrate judge's
findings and recommendations de novo if objection is made.
See United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003). If an objection is made, the
court reviews de novo only the portion to which the objection
was made, the remainder is reviewed for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mack,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). No
objection having been made, this Court reviews the F&R
Defendant's first revocation proceeding. The Magistrate
Judge notified the Defendant that her violation grade is B,
her criminal history category is III, and her Chapter 7
Policy Guideline Range is 8-14 months, and that she could be
incarcerated for up to 60 months. She was also notified that
she could be required to remain on supervised release for 60
months, less custody time. Neither counsel objected to these
findings, and this Court agrees that the guideline range and
supervised release findings made by the Magistrate Judge are
correct. Both defense counsel and government's counsel
agree that a sentence at the low end of the guideline range
Revocation Determination and Sentence
Court therefore finds by a preponderance of the evidence that
Defendant violated two conditions of her supervised release.
See 18 U.S.C. § 3583(e)(3). Defendant's
supervised release should be, and hereby is, revoked, and
Defendant Morrison should be resentenced.
considered the recommended sentence, the requests of counsel
for the Defendant and the government, and the section 3553(a)
statutory sentencing factors as made applicable by 18 U.S.C.
§ 3583(e), and all the record in this case, the Court
finds that the appropriate sentence should be as recommended
by Magistrate Judge Johnston: seven months in custody
followed by a fifty-three month term of supervised release.