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. 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.
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.
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.)
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.
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.
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
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 ...