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United States v. Old Chief

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

November 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JAY HARWOOD OLD CHIEF, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge.

         I. Synopsis

         The United States accused Jay Harwood Old Chief of violating his conditions of supervised release by (1) failing to attend substance abuse testing, and (2) failing to attend substance abuse treatment. Mr. Old Chief admitted to the violations. His supervised release should be revoked, and he should be sentenced to eight months in custody and twenty months of supervised release to follow.

         II. Status

         On June 10, 2014, Mr. Old Chief pleaded guilty to Assault Resulting in Serious Bodily Injury and Sexual Abuse. On September 19, 2014, United States District Court Judge Brian Morris sentenced Mr. Old Chief to twenty-eight months on both counts, to run concurrently, followed by thirty-six months of supervised release on each count, also to run concurrently. (Doc. 61).

         On May 18, 2016, the United States Probation Office filed a Report of Offender Under Supervision addressing Mr. Old Chief's use of Suboxone. (Doc. 65). The Court allowed Mr. Old Chief to continue his supervised release. On July 7, 2016, the United States Probation Office filed a second Report of Offender Under Supervision addressing Mr. Old Chief's continued use of Suboxone. (Doc. 66). The Court again allowed Mr. Old Chief to continue his supervised release.

         On July 14, 2016, the United States Probation Office filed Petition for Warrant for Offender Under Supervision relating to Mr. Old Chief's use of methamphetamine, failure to attend treatment and testing, failure to report, and failure to maintain employment. (Doc. 67). The Court dismissed the petition and allowed Mr. Old Chief to continue his supervision.

         On September 22, 2016, the United States Probation Office filed a third Report of Offender Under Supervision detailing Mr. Old Chief's use of methamphetamine. (Doc. 75). The Court allowed Mr. Old Chief to continue his supervision.

         On September 26, 2016, the United States Probation Office filed a fourth Report of Offender Under Supervision addressing Mr. Old Chief's failure to make payments towards his Special Assessment. (Doc. 76). The Court allowed Mr. Old Chief to continue his supervised release.

         On October 31, 2016, the United States Probation Office filed a petition asking the Court to revoke Mr. Old Chief's supervised release, accusing Mr. Old Chief of using methamphetamine, failing to report to his probation officer, failing to report for outpatient substance abuse treatment and substance abuse testing, and walking out of inpatient substance abuse treatment. (Doc. 79). Mr. Old Chief was sentenced to four months of custody, followed by thirty-two months of supervised release. (Doc. 90). He began his term of supervised release on January 17, 2017.

         On February 17, 2017, the United States Probation Office filed a petition asking the Court to revoke Mr. Old Chief's supervised release, accusing Mr. Old Chief of failing to report for testing or treatment and absconding from treatment. (Doc. 92). On June 20, 2017, he was sentenced to time served, followed by twenty-eight months of supervised release. (Doc. 102). Mr. Old Chief began his term of supervised release on June 20, 2017, and was released to the Connections Corrections program in Warm Springs, Montana, where he completed the program on August 19, 2017.

         On September 19, 2017, the United States Probation Office filed a Report of Offender Under Supervision addressing Mr. Old Chief's continued use of Suboxone and methamphetamine, as well as his failure to attend substance abuse treatment. (Doc. 104). The Court allowed Mr. Old Chief to continue his supervised release to address his substance use with the treatment vendor.

         Petition

         On October 4, 2017, the United States Probation Office filed a Petition for Warrant or Summons asking the Court to revoke Mr. Old Chief's supervised release. (Doc. 105). The Petition alleged that on September 15, 2017, Mr. Old Chief failed to attend substance abuse testing and was marked as a No-Show. The Petition further alleged Mr. Old Chief failed to attend substance abuse treatment on September 20, 2017, and again on September 27, 2017, and was marked ...


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