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United States v. Ironpipe

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

February 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JEFFREY JOE ROY IRONPIPE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Ironpipe of violating his conditions of supervised release by using methamphetamine. He admitted to the allegation. Mr. Ironpipe's supervised release should be revoked. He should be sentenced to six months of custody, with forty-six supervised release to follow.

         II. Status

         In April 2014, Mr. Ironpipe pleaded guilty to Sexual Abuse of a Minor. (Doc. 25.) United States District Court Judge Brian Morris sentenced Mr. Ironpipe to 15 months of custody and 60 months of supervised release. (Doc. 35.) Mr. Ironpipe began his first term of supervised release on June 12, 2015. (Doc. 42.) On June 24, 2015, the United States Probation Office filed a Request for Modifying the Conditions or Term of Supervision with Consent of Offender. The Court modified the conditions of supervised release by adding conditions requiring Mr. Ironpipe to participate in substance abuse testing and to abstain from the consumption of alcohol. (Doc. 40.)

         On October 27, 2015, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Ironpipe had violated the conditions of his supervised release by using methamphetamine, knowingly residing with children under age 18 without permission, and failing to attend a chemical dependency appointment. (Doc. 41.) The Court allowed him to continue his supervised release.

         On February 2, 2016, Mr. Ironpipe's supervised release was revoked because he violated its terms by committing a new crime, drinking a pint of vodka, and failing to successfully complete a sex offender treatment program. He was sentenced to three months of custody and fifty-seven months of supervised release. (Docs. 51, 53.) He began his next term of supervised release on April 21, 2016.

         On August 11, 2016 Mr. Ironpipe's supervised release was revoked because he consumed alcohol. The Court sentenced him to five months in custody, with fifty-two months of supervised release to follow. (Doc. 62.) He began his current term of supervised release on December 7, 2016.

         The Probation Office filed a Report on Offender Under Supervision on January 30, 2017 informing the Court that Mr. Ironpipe tested positive for methamphetamine. (Doc. 64.) The Court allowed him to continue his supervised release.

         Petition

         On January 31, 2107, the Probation Office filed a petition asking the Court to revoke Mr. Ironpipe's supervised release. The Probation Office accused Mr. Ironpipe of violating the conditions of his supervised release by using methamphetamine. (Doc. 65.) Based on the petition, the Judge Morris issued a warrant for Mr. Ironpipe's arrest. (Doc. 66.)

         Initial appearance

         Mr. Ironpipe appeared before the undersigned on February 2, 2017, in Great Falls, Montana, for an initial appearance. Federal Defender Henry Branom accompanied Mr. Ironpipe at the initial appearance. Assistant United States Attorney Bryan Dake represented the United States.

         Mr. Ironpipe said he had read the petition and understood the allegations. Mr. Ironpipe waived the preliminary hearing, and the parties consented to proceed ...


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