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United States v. Flying

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

November 20, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DUSTIN MARK FLYING, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Dustin Mark Flying was accused of violating his conditions of supervised release by committing a new crime, associating with a person convicted of a felony, failing to report for urinalysis testing, and failing to report for mental health treatment. He admitted to the violations. Mr. Flying's supervised release should be revoked. He should be sentenced to fourteen months of custody, with no supervised release to follow.

         II. Status

         In April 2010, Mr. Flying pleaded guilty to Domestic Assault by a Habitual Offender. (Doc. 35). United States District Court Judge Sam E. Haddon sentenced Mr. Flying to sixty-three months of custody and thirty-six months of supervised release. (Doc. 40). Mr. Flying's first term of supervised release began on June 19, 2015. (Doc. 58).

         On October 19, 2015, Mr. Flying's supervised release was revoked because he violated his conditions by using alcohol and failing to report for urinalysis. He was sentenced to four months of custody and thirty months of supervised release. (Doc. 54). Mr. Flying's second term of supervised release began on February 2, 2016. (Doc. 58).

         On May 26, 2016, Mr. Flying's supervised release was revoked because he was found associating with a person engaged in criminal activity and also for consuming alcohol, and was sentenced to four months of custody with twenty-eight months of supervised release. (Doc. 69). His current term of supervised release began on August 2, 2016.

         Petition

         On February 15, 2017, the United States Probation Office filed a petition asking the Court to revoke Mr. Flying's supervised release. The Probation Office accused Mr. Flying of committing another crime on February 4, 2017, stating Mr. Flying assaulted a male in Great Falls, Montana, and stole his vehicle, abandoned it in Stanford, Montana, and while in Stanford, obtained unauthorized control over a propane truck. The Petition also alleged that Mr. Flying failed to report for random urinalysis testing on January 29, 2017, and failed to report for mental health treatment on January 27, 2017. Finally, the petition alleged Mr. Flying associated with a convicted felon during the incident on February 4, 2017. (Doc. 73). Based on the petition, United States District Court Judge Brian Morris issued a warrant for Mr. Flying's arrest. (Doc. 74).

         Initial appearance

         Mr. Flying appeared before the undersigned on October 23, 2017, in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Mr. Flying said he had read the petition and understood the allegations. Mr. Flying waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         On October 23, 2017, Mr. Flying appeared with Mr. Arvanetes before the undersigned for a revocation hearing. Assistant United States Attorney Jared Cobell appeared on behalf of the United States. Mr. Flying admitted to the violations as set forth in the petition, except for the conduct relating to events in Judith Basin County in the first alleged ...


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