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United States v. Finley

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

November 5, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JACOB FINLEY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         The United States accused Mr. Finley of violating his conditions of supervised release by 1) being charged with Domestic Abuse for punching his girlfriend in the mouth, 2) admitting on September 5, 2017 to consuming marijuana three separate times over the previous week, 3) admitting on September 5, 2017 to consuming methamphetamine on September 4, 2017, 4) failing to appear for substance abuse treatment on August 30, 2017, and 5) failing to appear for substance abuse testing on August 28, 2017. Mr. Finley admitted to violations 2 through 5, but denied alleged violation 1. His supervised release should be revoked, and he should be sentenced to four months in custody, with seventeen months of supervised release to follow, with the first two months spend in an inpatient drug treatment center as set forth by the Probation Office.

         II. Status

         Mr. Finley pleaded guilty to False Information and Hoaxes on December 2, 2015. (Doc. 27). United States District Judge Brian Morris sentenced him to sixteen months in custody, with twenty-four months of supervised release to follow, on March 17, 2016. (Doc. 36).

         The United States Probation Office filed a Report on Offender Under Supervision on February 16, 2017, notifying the Court that Mr. Finley used methamphetamine. (Doc. 40). Judge Morris allowed him to continue his supervised release.

         The Probation Office filed a second Report on Offender Under Supervision on March 9, 2017, notifying the Court that Mr. Finley used methamphetamine and marijuana. (Doc. 41). Judge Morris allowed him to continue his supervised release.

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on March 23, 2017, accusing Mr. Finley of violating the conditions of his supervised release by failing to report for substance abuse treatment, failing to report for substance abuse testing, failing to report to his probation officer, and failing to maintain employment. (Doc. 43). On June 15, 2017, after several continuances, Mr. Finley was sentenced to three months custody with twenty-one months of supervised release to follow. (Doc. 58). Mr. Finley began his current term of supervised release on June 27, 2017.

         On August 29, 2017, a Report on Offender Under Supervision was filed with the Court stating Mr. Finley had been using methamphetamine again and had failed to report to his probation officer. (Doc. 60). Mr. Finley was allowed to remain in the community to work on his recovery issues.

         Petition

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on March 23, 2017, accusing Mr. Finley of violating the conditions of his supervised release. (Doc. 61). The Petition alleges that on September 5, 2017, Mr. Finley was arrested by the Blackfeet Police Department and charged with Domestic Abuse for punching his girlfriend in the mouth. The Petition also alleges Mr. Finley admitted on September 5, 2017 to consuming marijuana three separate times over the previous week. Also, the Petition alleges Mr. Finley admitted on September 5, 2017 to consuming methamphetamine on September 4, 2017. The Petition further alleges Mr. Finley failed to appear for substance abuse treatment on August 30, 2017, and also that he failed to appear for substance abuse testing on August 28, 2017. (Id.) Based on the allegations in the Petition, Judge Morris issued a warrant for his arrest. (Doc. 62).

         Initial appearance

         Mr. Finley appeared before the undersigned for an initial appearance on October 11, 2017, in Great Falls, Montana. Federal Defender Hank Branom accompanied him at the initial appearance. Assistant United States Attorney Jeffery Starnes represented the United States.

         Mr. Finley said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to proceed with ...


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