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United States v. Blackcrow

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

December 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRIDGETTE MARIE BLACKCROW, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         The United States accused Ms. Blackcrow of violating her conditions of supervised release by 1) failing to appear for substance abuse counseling, 2) using a controlled substance, 3) failing to report for random urinalysis testing, 4) failing to report for random urinalysis testing, 5) excessive use of alcohol, 6) failing to report for random urinalysis testing, 7) failing to appear for scheduled substance abuse counseling, 8) failing to appear for a scheduled appointment for her initial staffing for individual substance abuse counseling, 9) failing to report for random urinalysis testing, 10) failing to report for random urinalysis testing, 11) failing to truthfully answer all inquiries by her probation officer, and 12) using a controlled substance. She admitted to the violations. Ms. Blackcrow's supervised release should be revoked. She should be sentenced to four months of custody, with no supervised release to follow.

         II. Status

         On May 16, 2017, United States District Judge Brian Morris sentenced Ms. Blackcrow to time-served (approximately 171 days), with twelve months of supervised release, after Ms. Blackcrow pleaded guilty to Misdemeanor Assault. (Doc. 30). Due to underlying state charges, Ms. Blackcrow did not begin her current term of supervision until January 7, 2017.

         On July 17, 2017, a Report on Offender Under Supervision was submitted to the Court, outlining Ms. Blackcrow's violations, including failing to report for random urinalysis testing and testing positive for methamphetamine and alcohol. (Doc. 33). Ms. Blackcrow was allowed to remain on supervised release provided she attend four self-help meetings weekly and enrolled in substance abuse counseling.

         Petition

         On August 24, 2017, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision alleging that Ms. Blackcrow violated the conditions of her supervised release in the following ways:

1) On March 21, 2017, Ms. Blackcrow failed to appear for a scheduled group substance abuse counseling meeting;
2) On March 21, 2017, Ms. Blackcrow submitted a ruing sample positive for methamphetamine;
3) On June 25, 2017, Ms. Blackcrow failed to report for random urinalysis testing;
4) On July 1, 2017, Ms. Blackcrow failed to report for random urinalysis testing;
5) On July 10, 2017, Ms. Blackcrow stated to her probation officer that she had consumed two liters of vodka with her cousin, and submitted a urine sample positive ...

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