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United States v. Curtis

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

March 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BILLY JOE CURTIS, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Curtis of violating his conditions of supervised release refusing to submit to a Breathalyzer test. He admitted to the allegation. His supervised release should be revoked, and he should be sentenced to six months of custody, with twenty-two months of supervised release to follow.

         II. Status

         In January 2010, Mr. Curtis pleaded guilty to Felon in Possession of a Firearm (Count I) and Possession of a Stolen Firearm (Count II). (Doc. 20.) United States District Court Judge Sam E. Haddon sentenced Mr. Curtis to 57 months of custody on Count I and 57 months of custody on Count II, to run concurrently. Mr. Curtis was sentenced to 36 months of supervised release. (Doc. 26.) Mr. Curtis's term of supervision began on August 10, 2015. (Doc. 60.)

         On October 13, 2015, the United States Probation Office (USPO) filed a Report on Offender Under Supervision, alleging Mr. Curtis violated the conditions of his supervised release by using alcohol. (Doc. 58.) The Probation Office filed a second Report on Offender Under Supervision on November 19, 2015, alleging Mr. Curtis violated the conditions of his supervised release by using alcohol. (Doc. 59.)

         On February 16, 2016, the Court revoked Mr. Curtis' supervised release because Mr. Curtis admitted to using alcohol. The Court sentenced Mr. Curtis to three in months in custody, with thirty-three months of supervised release to follow. (Doc. 70.) Mr. Curtis' current term of supervised release began on April 20, 2016.

         On November 9. 2016, the Court again revoked Mr. Curtis's supervised release because he refused to submit to a Breathalyzer test. (Doc. 84.) The Court sentenced him to five months in custody, with twenty-eight months of supervised release to follow. (Id.) He began his current term of supervised release on December 5, 2016.

         Petition

         On February 28, 2017, the USPO filed a petition asking the Court to revoke Mr. Curtis's supervised release. (Doc. 90.) The USPO accused Mr. Curtis of violating the conditions of his supervised release by using refusing to submit to a Breathalyzer test. (Id.) Based on the petition, United States District Court Judge Brian Morris issued a warrant for Mr. Curtis's arrest. (Doc. 91.)

         Initial appearance

         On February 28, 2017, Mr. Curtis appeared before the undersigned in Great Falls, Montana for an initial appearance. Federal Defender Henry Branom accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Mr. Curtis said he had read the petition and understood the allegations. Mr. Curtis waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation ...


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