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United States v. Madplume

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

March 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DEAN MADPLUME, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge.

         I. Synopsis

         The United States accused Mr. Mad Plume of violating his conditions of supervised release by (1) committing another crime, (2) consuming alcohol, and (3) failing to report to Great Falls Prerelease Center as directed. Mr. Mad Plume admitted to the allegations. His supervised release should be revoked. He should be sentenced to custody until March 20, 2017, with 33 months of supervised release to follow. He should spend the first 180 days of his supervised release at the Great Falls Transition Center.

         II. Status

         United States District Judge Brian Morris sentenced Mr. Mad Plume to twenty-five months in custody, with thirty-six months of supervised release to follow, on July 30, 29015, after a he pleaded guilty to Assault Resulting in Serious Bodily Injury. (Doc. 22.) He began his current term of supervised release on December 30, 2016.

         Petition

         The United States Probation Office filed a Petition for Warrant for Offender Under Supervision on January 5, 2017, alleging that Mr. Mad Plume violated the terms of his supervised release by (1) committing another crime, (2) consuming alcohol, and (3) failing to report to Great Falls Prerelease Center as directed. (Doc. 25.) United States District Judge Brian Morris issued a warrant for his arrest based on the allegations in the Petition. (Doc. 26.)

         Initial appearance

         Mr. Mad Plume appeared before the undersigned on February 2, 2017, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied him. Assistant United States Attorney Brian Dake represented the United States. Mr. Mad Plume said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to proceed immediately with the revocation hearing before the undersigned. The Court continued the revocation hearing so that the Probation Office could determine if Mr. Mad Plume could geta bed date at the Great Falls Prerelease Center.

         Revocation hearing

         The Court conducted the revocation hearing on March 16, 2017. Mr. Mad Plume admitted to the allegations. The violation is serious and warrant revocation of his supervised release.

         Mr. Mad Plume's violation grade is Grade C, his criminal history category is II, and his underlying offense is a Class C felony. He could be incarcerated for up to twenty-four months and could be ordered to remain on supervised release for thirty-six months, less any custody time imposed. The United States Sentencing Guidelines call for four to ten months in custody.

         The parties agreed that Mr. Mad Plume should be sentenced to custody until March 20, 2017, with thirty-three months of supervised release to follow, to ...


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