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United States v. Snell

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

February 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
NIKKI SNELL, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnson United States Magistrate Judge

         I. Synopsis

         The United States accused Ms. Snell of violating her conditions of supervised release by (1) failing to report for substance abuse treatment, (2) failing to report for substance abuse testing, (3) failing to notify her probation officer of a change in her address, and (4) failing to report for mental health treatment. She admitted to the violations. Her supervised release should be revoked. She should be sentenced to four months in custody, with twenty-three months of supervised release to follow.

         II. Status

         Mr. Snell pleaded guilty to Assault Resulting in Serious Bodily Injury on August 18, 2014. (Doc. 52.) United States District Judge Brian Morris sentenced her to twenty-one months in custody, with thirty-six months of supervised release to follow on December 5, 2014. (Doc. 58.)

         The Court revoked Ms. Snell's supervised release on February 5, 2016, because she failed to notify her probation officer of a change in her address and failed to report for substance abuse testing and treatment. (Doc. 72.) The Court sentenced her to seven weeks in custody, with thirty months of supervised release to follow. (Id.)

         The Court revoked Ms. Snell's supervised release again on June 28, 2016, because she failed to abide by the rules of the Butte prerelease center. (Doc. 84.) The court sentenced her three months in custody, with twenty-seven months of supervised release to follow. (Id.) She began her current term of supervised release on August 2, 2016.

         Petition

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on November 22, 2016, alleging that Mr. Snell violated the terms of her supervised release by (1) failing to report for substance abuse treatment, (2) failing to report for substance abuse testing, (3) failing to notify her probation officer of a change in her address, and (4) failing to report for mental health treatment. (Doc. 86.) Judge Morris issued a warrant for her arrest based on the allegations in the Petition. (Doc. 87.)

         Initial appearance

         Ms. Snell appeared before the undersigned on February 7, 2017, in Great Falls, Montana. Federal Defender Anthony Gallagher accompanied her. Assistant United States Attorney Jeffery Starnes represented the United States.

         Ms. Snell said she had read the petition and understood the allegations. She waived the preliminary hearing, and the parties consented to proceed immediately with the revocation hearing before the undersigned.

         Revocation hearing

         Ms. Snell admitted that she violated the conditions of her supervised release. The violations are serious and ...


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