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United States v. Johnson

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

September 27, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DAGMAR EVYONNE JOHNSON, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         The United States accused Dagmar Evyonne Johnson of violating her conditions of supervised release by 1) submitting a positive urine sample for methamphetamine on November 19, 2105, 2) failing to report for urinalysis testing on May 12, 2016, 3) failing to report for urinalysis testing on August 17, 2016, 4) failing to provide ten days prior notice of a change in address, 5) providing a positive urine sample for methamphetamine on June 8, 2017, and admitting to using methamphetamine on June 3, 2017, 6), admitting that she had used methamphetamine on June 12, 2017, 7) admitting that she had used methamphetamine on July 17, 2017, and 8) admitting she had used methamphetamine a day or two after July 21, 2017. Ms. Johnson's supervised release should be revoked. She should be sentenced to six months of custody.

         II. Status

         On April 4, 2011, Ms. Johnson pleaded guilty to the offense of Distributing a Controlled Substance in or Near a School. United States District Court Judge Sam E. Haddon sentenced Ms. Johnson to twelve months of custody, with seventy-two months of supervised release to follow. (Doc. 37). Ms. Johnson's term of supervised release began on December 23, 2011.

         On August 28, 2014, United States District Court Judge Brian Morris approved a Request for Modifying the Conditions of Supervision with the Consent of Offender, which added substance abuse treatment as a condition of supervision, due to Ms. Johnson's refusal to provide a urine sample and testing positive for illegal drug use. (Doc. 40).

         On March 28, 2015, Judge Morris approved a Report on Offender Under Supervision, which reported that Ms. Johnson had committed new violations by driving under the influence of drugs, failing to carry proof of insurance (her 2nd offense), and driving without a valid license. Ms. Johnson was reported to have been using methamphetamine, and that she only had sixty-seven of the ninety-two oxycodone pills she had been that morning. (Doc. 41). The Court was made aware that Ms. Johnson had recently completed inpatient treatment, and that a plan was in place to address the violations.

         On May 28, 2015, the United States Probation Office filed a petition asking the Court to revoke Ms. Johnson's supervised release. (Doc. 42). She admitted to methamphetamine use and failing to report for urinalysis testing. Her supervision was revoked, and Ms. Johnson was sentenced to four months in custody with twenty-four months of supervised release to follow. (Doc. 54). Ms. Johnson began her current term of supervised release on September 25, 2015.

         Petition

         The United States Probation Office filed a petition asking the Court to revoke Ms. Johnson's supervised release on August 28, 2017, alleging that she violated the terms of her supervised release. The Petition alleged that she had 1) submitted a urine sample which tested positive for methamphetamine use on November 19, 2015, and admitted to its use, 2) failed to report for required urinalysis testing on May 12, 2016, 3) failed to report for required urinalysis testing on August 17, 2016, 4) failed to provide ten days prior notice of a change in address after a failed home visit on December 21, 2016, 5) provided a positive urine sample for methamphetamine on June 8, 2017, and admitted to using methamphetamine on June 3, 2017, 6), admitted that she had used methamphetamine on June 12, 2017, after a sweat patch was placed on her, which tested positive for methamphetamine use, 7) admitted that she had used methamphetamine on July 17, 2017, after a sweat patch was placed on her, which tested positive for methamphetamine use, and 8) admitted she had used methamphetamine a day or two after July 21, 2017, after a sweat patch was placed on her, which tested positive for methamphetamine use . (Doc. 56). Based on the Petition, Judge Morris issued a warrant for Ms. Johnson's arrest. (Doc. 57).

         Initial appearance

         Ms. Johnson appeared before the undersigned on September 14, 2017, in Great Falls, Montana, for an initial appearance. Federal Defender Hank Branom accompanied him at the initial appearance. Assistant United States Attorney Jessica Betley represented the United States.

         Ms. Johnson said she had read the petition and understood the allegations. Ms. Johnson waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation ...


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