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. 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.
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.
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.
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
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.)
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.
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.
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 ...