United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United States Magistrate Judge
United States accused Mr. Whitman of violating his conditions
of supervised release by (1) using methamphetamine on
multiple occasions and (2) failing to report for substance
abuse testing. Mr. Whitman admitted to using methamphetamine
but denied failing to report for substance abuse testing. Mr.
Whitman's supervised release should be revoked. He should
be sentenced to eight months in custody, with twenty-eight
months of supervised release to follow.
Whitman pleaded guilty to Possession with Intent to
Distribute Methamphetamine on March 27, 2013. (Doc. 33.)
Senior United States District Judge Donald Molloy sentenced
him to seventy-seven months in custody, with thirty-six
months of supervised release to follow on June 27, 2013.
(Doc. 45.) He began his current term of supervised release on
September 12, 2016.
United States Probation Office filed a Report on Offender
Under Supervision on October 20, 2016, informing the Court
that Mr. Whitman admitted to daily intravenous
methamphetamine use for a one-week period. United States
District Judge Susan Watters allowed him to continue his
supervised release, with the understanding that any future
violations would be reported to the Court immediately. (Doc.
Probation Office filed a Petition for Warrant for Offender
Under Supervision on February 6, 2017, alleging that Mr.
Whitman violated the terms of his supervised release by (1)
using methamphetamine on four occasions and (2) failing to
report for a random urinalysis test. (Doc. 65.) Judge Watters
issued a warrant for his arrest based on the allegations in
the Petition. (Doc. 66.)
Whitman appeared before the undersigned on February 7, 2017,
in Great Falls, Montana. Federal Defender Anthony Gallagher
accompanied him. Assistant United States Attorney Jeffery
Starnes represented the United States.
Whitman said he had read the petition and understood the
Whitman waived the preliminary hearing, and the parties
consented to proceed immediately with the revocation hearing
before the undersigned.
Whitman admitted that he violated the conditions of his
supervised release by using methamphetamine on four occasions
but denied that he failed to report for a random urinalysis
test. The violations ...