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United States v. Whitman

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

February 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JUSTIN CARLTON WHITMAN, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The 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.

         II. Status

         Mr. 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.

         The 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. 64.)

         Petition

         The 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.)

         Initial appearance

         Mr. 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.

         Mr. Whitman said he had read the petition and understood the allegations.

         Mr. Whitman waived the preliminary hearing, and the parties consented to proceed immediately with the revocation hearing before the undersigned.

         Revocation hearing

         Mr. 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 ...


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