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United States v. Dupree

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

February 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LANDON THOMAS DUPREE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Dupree of violating his conditions of supervised release by (1) submitting a urine sample that tested positive for methamphetamine on two occasions and (2) failing to report for substance abuse testing. Mr. Dupree admitted to the violations. Mr. Dupree's supervised release should be revoked. He should be sentenced to four months in custody, with twenty-eight months of supervised release to follow.

         II. Status

         On November 20, 2014, Mr. Dupree pleaded guilty to the unlawful transport of firearms. On March 17, 2015, United States District Judge Brian Morris sentenced Mr. Dupree to twelve months and one day of custody, followed by thirty-six months of supervised release. (Doc. 22.) Mr. Dupree's initial term of supervised release began on August 7, 2015.

         On November 12, 2015, the United States Probation Office filed a Report of Offender Under Supervision notifying the court that Mr. Dupree had violated the terms of his supervised release by using methamphetamine. Following the recommendation of the United States Probation Office, Judge Morris allowed Mr. Dupree to continue his supervised release. (Doc. 25.)

         On March 16, 2016, Judge Morris revoked Mr Dupree's supervised release because he violated the conditions of his supervised release by (1) failing to report for substance abuse treatment; (2) failing to report for substance abuse testing; (3) by using methamphetamine; and (4) by submitting a urine sample that tested positive for methamphetamine. Judge Morris sentenced Mr. Dupree to time served with thirty-four months of supervised release to follow, with six months of that time to be spent in a residential re-entry center. (Doc. 40.) Mr. Dupree's second term of supervised release started on March 17, 2016.

         On September 13, 2016, Judge Morris again revoked Mr. Dupree's supervised release because he violated the conditions of his supervised release by (1) possessing drug paraphernalia while residing in the Great Falls Transition Center and (2) by submitting a urine sample that tested positive for Suboxone and methamphetamine. (Doc. 52.) Judge Morris sentenced him to two months in custody, with thirty-two months of supervised release to follow. (Id.) His current term of supervised release began on October 10, 2016.

         On November 21, 2106, the Probation Office filed a Report on Offender Under Supervision informing the Court that Mr. Dupree violated the conditions of his supervised release by (1) failing to report as directed and (2) testing positive for methamphetamine. (Doc. 54.) Judge Morris allowed him to continue his supervised release and referred him to substance abuse treatment.

         Petition

         On December 27, 2016, the United States Probation office filed a Petition for Warrant or Summons and Order alleging that Mr. Dupree violated the conditions of his supervised release by (1) submitting a urine sample that tested positive for methamphetamine on two occasions and (2) failing to report for substance abuse testing. (Doc. 55.) Based on the information provided in the petition, Judge Morris issued a warrant for Mr. Dupree's arrest. (Doc. 56.)

         Initial appearance

         Mr. Dupree appeared before the undersigned on February 1, 2017, in Great Falls, Montana. Federal Defender Hank Branom accompanied him. Assistant United States Attorney Bryan Dake represented the United States.

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


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