United States District Court, D. Montana, Great Falls Division
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
Morris United States District Court Judge
States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter December 20, 2016. (Doc. 55.)
Neither party filed objections. When a party makes no
objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v.
Arn, 474 U.S. 140, 149-52 (1986). This Court will review
Judge Johnston's Findings and Recommendations, however,
for clear error. McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Johnston conducted a revocation hearing on December 14, 2016.
(Doc. 54.) Fast Horse admitted that she violated the
conditions of her supervised release. The violations prove
serious and warrant revocation of Fast Horse's supervised
release. Judge Johnston has recommended that the Court revoke
Fast Horse's supervised release and commit Fast Horse to
the custody of the Bureau of Prisons for four months (Doc. 55
at 5.) Judge Johnston further has recommended that Fast
Horse's term of custody be followed by 32 months of
supervised release, to include two months at Passages and six
months at the Residential Reentry Center in Billings, MT.
Court finds no clear error in Judge Johnston's Findings
and Recommendations. Fast Horse's violations of his
conditions represent a serious breach of the Court's
trust. A sentence of four months custody followed by 32
months of supervised release represents a sufficient, but not
greater than necessary, sentence.
ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 55) is ADOPTED IN FULL.
FURTHER ORDERED that Defendant Elaine Fast Horse be sentenced
to four months custody followed by 32 months of supervised
release, to include two months at Passages and six months at
the Residential Reentry Center in ...