United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
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
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).
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 Flying's supervised release was
revoked because he violated his conditions by using alcohol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).
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 Flying's supervised release was revoked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.
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).
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.
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.
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 ...