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United States v. Grumbein

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

April 10, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SEAN MICHAEL GRUMBEIN, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         The United States accused Mr. Grumbein of violating his conditions of supervised release by (1) failing to report for substance abuse testing on multiple occasions, (2) committing another crime, and (3) using marijuana. He admitted to the allegations. His supervised release should be revoked. He should be sentenced to time served, with no supervised release to follow.

         II. Status

         United States District Judge Sam Haddon sentenced Mr. Grumbein to ninety-three months in custody, with thirty-six months of supervised release to follow, on May 4, 2006, after a he pleaded guilty to two counts of Unlawful Transport of Firearms and Penalties for Firearms. (Doc. 30.) He began his first term of supervised release on April 10, 2014.

         The United States Probation Office filed a Report on Offender Under Supervision on November 2, 2015, notifying the Court that Mr. Grumbein had used Spice and failed to report for urinalysis testing. (Doc. 33.) United States District Judge Brian Morris agreed to allow the Probation Office to continue working with Mr. Grumbein.

         The Probation Office filed a second Report on Offender Under Supervision on January 26, 2016, notifying the Court that Mr. Grumbein had used marijuana and had been charged with Burglary. (Doc. 34.) Judge Morris allowed him to continue his supervision.

         Petition

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on January 30, 2017, alleging that Mr. Grumbein violated the terms of his supervised release by (1) failing to report for substance abuse testing on multiple occasions, (2) committing another crime, and (3) using marijuana. (Doc. 35.) United States District Judge Brian Morris issued a warrant for his arrest based on the allegations in the petition. (Doc. 36.)

         Initial appearance

         Mr. Grumbein appeared before the undersigned on February 16, 2017, in Great Falls, Montana. Federal Defender David Ness accompanied him. Assistant United States Attorney Jeffery Starnes represented the United States.

         Mr. Grumbein said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned. The Court continued the revocation hearing until April 5, 2017.

         Revocation hearing

         Mr. Grumbein appeared for his revocation hearing on April 5, 2017. Federal Defender Ness represented him. Assistant United States Attorney Bryan Dake represented the United States. Mr. Grumbein admitted to the allegations. The ...


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