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United States v. Harvey Augustus Sure Chief

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

November 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
HARVEY AUGUSTUS SURE CHIEF, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge

         I. Synopsis

         The United States accused Harvey Augustus Sure Chief of violating his conditions of supervised release by failing to live at the place approved by his probation officer on September 18, 2017, and again on October 11, 2017. Mr. Sure Chief admitted to both of the violations. His supervised release should be revoked, and he should be sentenced to fourteen months in custody, with no term of supervised release to follow.

         II. Status

         On August 18, 2014, Mr. Sure Chief pleaded guilty to Assault Resulting in Serious Bodily Injury. (Doc. 24). United States District Judge Brian Morris sentenced him to thirty months in custody, with thirty-six months of supervised release to follow, on December 4, 2014. (Doc. 34).

         On December 13, 2016, the United States Probation Office filed a Report on Offender Under Supervision notifying the Court that Mr. Sure Chief drank alcohol, traveled without permission, failed to report for urinalysis testing, and received a citation for driving without a license. (Doc. 38). Judge Morris allowed him to continue his supervised release.

         On December 22, 2017, the Probation Office filed a Petition for Warrant or Summons and Order alleging Mr. Sure Chief had violated the terms of his supervised release by admitting that he smoked methamphetamine in November 2016 and drank alcohol on December 11, 2016. (Doc. 39). Judge Morris revoked Mr. Sure Chief's supervised release on February 15, 2017, because he violated the conditions of his supervised release by 1) not appearing for a counseling session, 2) not appearing for urinalysis testing, 3) not reporting to the probation office, and 4) failing to notify his probation office of a change in his address. (Doc. 48). Judge Morris sentenced him to three months in custody, with thirty-three months of supervised release to follow. (Id.) Mr. Sure Chief began his term of supervised release on April 14, 2017.

         On April 17, 2017, the Probation Office filed a Petition for Warrant for Offender Under Supervision accusing Mr. Sure Chief of violating the conditions of his supervised release by submitting a urine sample that tested positive for methamphetamine, marijuana, and alcohol. (Doc. 50). Mr. Sure Chief was sentenced to five months of custody with twenty-eight months of supervised release to follow. (Doc. 62). Mr. Sure Chief began his current term of supervised release on September 15, 2017.

         Petition

         On April 17, 2017, the Probation Office filed a Petition for Warrant for Offender Under Supervision accusing Mr. Sure Chief of violating the conditions of his supervised release by twice failing to live at the place approved by his probation officer. (Doc. 64). The Petition alleges Mr. Sure Chief arrived in Great Falls on September 16, 2017, with an approved plan to reside at the Great Falls Rescue Mission, and that on September 18, 2017, Mr. Sure Chief reported he had not been living there. The Petition further alleges Mr. Sure Chief informed the Probation Officers that he was living at the Central Motel in Great Falls, Montana, but that when the officers visited the motel on October 11, 2017, they were informed that Mr. Sure Chief had not been living there since October 7, 2017. Based on the allegations in the Petition, Judge Morris issued a warrant for Mr. Sure Chief's arrest. (Doc. 65).

         Initial appearance

         Mr. Sure Chief appeared before the undersigned for an initial appearance on November 6, 2017, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Mr. Sure Chief 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.

         Revocation hearing The Court conducted Mr. Sure Chief's revocation hearing on November 6, 2017. Mr. Sure Chief admitted he violated the conditions of his supervised release. The violations ...


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