United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United States Magistrate Judge.
Robledo was accused of violating his conditions of supervised
release by 1) admitting to smoking methamphetamine on August
2, 2017, 2) providing a urinalysis positive for
methamphetamine on August 6, 2017, 3) admitting to smoking
methamphetamine and marijuana, and drinking a half-liter of
whiskey on October 21, 2017, and 4) being charged with
Misdemeanor Possession of Drug Paraphernalia. He admitted to
the violations. Mr. Robledo's supervised release should
be revoked. He should be sentenced to three months of
custody, followed by thirty-three months of supervised
release. The previously imposed conditions of supervised
release should be continued.
19, 2014, Mr. Robledo pled guilty to one count of Assault
Resulting in Serious Bodily Injury and one count of
Involuntary Manslaughter after he crashed a vehicle while
driving while intoxicated, killing one passenger and severely
injuring another victim. (Doc. 41). Mr. Robledo was sentenced
to forty months of custody on each count, to run
concurrently, followed by thirty-six months of supervised
release. (Doc. 42). Mr. Robledo's current term of
supervised release began on July 10, 2017.
August 1, 2017, the United States Probation Office filed a
Report on Offender Under Supervision, which reported that Mr.
Robledo admitted that he smoked methamphetamine on July 14,
2017 and July 22, 2017, consumed a half-liter of vodka on
July 22, 2017, and quit his job on July 17, 2017. (Doc. 46).
Mr. Robledo was allowed to continue his supervised release.
October 24, 2017, the United States Probation Office filed a
petition asking the Court to revoke Mr. Robledo's
supervised release. (Doc. 47). In the petition, the Probation
Office accused Mr. Robledo of violating the conditions of his
release by admitting on August 3, 2017, to smoking marijuana
on August 2, 2017. The Petition also alleged that on August
6, 2017, Mr. Robledo provided a urinalysis to the Great Falls
Pre-Release Center which was positive for methamphetamine
use. Finally, the Petition alleged Mr. Robledo admitted on
October 23, 2017, that he had smoked marijuana and
methamphetamine, and drank a half-liter of whiskey on October
21, 2017. (Id.) Based on the petition, United States
District Judge Brian Morris signed a Petition for Summons for
Offender Under Supervision on October 24, 2017. (Doc. 48). A
hearing was set for November 8, 2017. (Id.)
November 2, 2017, the United States Probation Office filed an
amended petition, further alleging that Mr. Robledo had
violated the conditions of his supervised release by being
charged with Misdemeanor Possession of Drug Paraphernalia
after the counselor at Blue Thunder Lodge Sober Living Home
found a methamphetamine pipe in Mr. Robledo's room, and
Mr. Robledo admitted it was his. Based on the Amended
Petition, Judge Morris issued a warrant for Mr. Robledo's
arrest. (Doc. 51).
Robledo appeared before the undersigned on November 8, 2017,
in Great Falls, Montana. Federal Defender Hank Branom
accompanied him at the initial appearance. Assistant United
States Attorney Ryan Weldon represented the United States.
Robledo said he had read the petition and understood the
allegations. Mr. Robledo waived the preliminary hearing, and
the parties consented to proceed with the revocation hearing
before the undersigned.
November 8, 2017, Mr. Robledo appeared with Mr. Branom before
the undersigned for a revocation hearing. Mr. Weldon ...