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United States v. Jay Hardwood Old Chief

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

June 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JAY HARDWOOD OLD CHIEF, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         The United States accused Mr. Old Chief of violating his conditions of supervised release by (1) failing to report to his probation officer as directed, (2) failing to register as a violent offender, (3) failing to report for substance abuse testing, and (4) failing to report for substance abuse testing. Mr. Old Chief admitted to the violations. His supervised release should be revoked, and he should be sentenced to time served, with twenty-eight months of supervised release to follow to include treatment at Connections Corrections.

         II. Status

         On June 10, 2014, Mr. Old Chief pleaded guilty to Assault Resulting in Serious Bodily Injury and Sexual Abuse. On September 19, 2014, United States District Court Judge Brian Morris sentenced Mr. Old Chief to twenty-eight months on both counts, to run concurrently, followed by thirty-six months of supervised release on each count, also to run concurrently. (Doc. 61.)

         On May 18, 2016, the United States Probation Office (USPO) filed a Report of Offender Under Supervision addressing Mr. Old Chiefs use of Suboxone. (Doc. 65.) The Court allowed Mr. Old Chief to continue his supervised release.

         On July 7, 2016, the USPO filed a second Report of Offender Under Supervision addressing Mr. Old Chiefs continued use of Suboxone. (Doc. 66.) The Court again allowed Mr. Old Chief to continue his supervised release.

         On July 14, 2016, the USPO filed Petition for Warrant for Offender Under Supervision relating to Mr. Old Chiefs use of methamphetamine, failure to attend treatment and testing, failure to report, and failure to maintain employment. (Doc. 67.) The Court dismissed the petition and allowed Mr. Old Chief to continue his supervision.

         On September 22, 2016, the USPO filed a third Report of Offender Under Supervision detailing Mr. Old Chiefs use of methamphetamine. (Doc. 75.) The Court allowed Mr. Old Chief to continue his supervision.

         On September 26, 2016, the USPO filed a fourth Report of Offender Under Supervision addressing Mr. Old Chiefs failure to make payments towards his Special Assessment. (Doc. 76.) The Court allowed Mr. Old Chief to continue his supervised release.

         Judge Morris revoked Mr. Old Chiefs supervised release on December 12, 2016, because he used methamphetamine, failed to report to his probation officer, failed to report for substance abuse testing, and failed to report for substance abuse treatment. (Doc. 90.) Judge Morris sentenced Mr. Old Chief to four months in custody, with thirty-two months of supervised release to follow. (Id.) Mr. Old Chief began his current term of supervised release on January 17, 2017.

         Petition

         On February 17, 2017, the United States Probation Office filed a petition asking the Court to revoke Mr. Old Chiefs supervised release. (Doc. 92.) The Probation Office accused Mr. Old Chief of violating his conditions of supervised release by (1) failing to report to his probation officer as directed, (2) failing to register as a violent offender, (3) failing to report for substance abuse testing, and (4) failing to report for substance abuse testing. (Id.) Based on the petition, Judge Morris issued a warrant for Mr. Old Chiefs arrest. (Doc. 93.)

         Initial ...


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