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United States v. Robledo

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

November 13, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
PEDRO MARTINE ROBLEDO, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Mr. 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.

         II. Status

         On June 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.

         On 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.

         Petition

         On 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.)

         On 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).

         Initial appearance

         Mr. 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.

         Mr. 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.

         Revocation hearing

         On November 8, 2017, Mr. Robledo appeared with Mr. Branom before the undersigned for a revocation hearing. Mr. Weldon ...


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