United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston, United States Magistrate Judge.
United States accused Ms. Denny of violating her conditions
of supervised release by 1) failing to attend substance abuse
treatment, 2) failing to attend mental health treatment, 3)
failing to participate in substance abuse testing, 4) failing
to notify her probation officer of a change in residence, 5)
committing another crime, 6) possessing a controlled
substance, and 7) consuming alcohol. Ms. Denny admitted to
several of the violations. The district court should revoke
Ms. Denny's supervised release and sentence her to
fourteen months of custody, with no supervised release to
6, 2011, Ms. Denny pleaded guilty to Possession with Intent
to Distribute and Distribution of Methamphetamine. (Doc. 34).
She was sentenced to forty-five months of custody, followed
by three years of supervised release. (Doc. 38). Ms.
Denny's first period of supervised release began on
August 30, 2013.
October 24, 2013, Chief United States District Court Judge
Dana L. Christensen modified the conditions of Ms.
Denny's release by requiring her to participate in
substance abuse testing and substance abuse treatment and by
prohibiting her from consuming toxic substances. (Doc. 43).
Ms. Denny's supervised release was revoked in August 2015
because she violated her conditions by using methamphetamine
and marijuana. United States District Court Judge Brian
Morris sentenced Ms. Denny to one day of custody with credit
for time served, and twenty-four months of supervised
release. (Doc. 50). Ms. Denny's second period of
supervised release began in August 2015.
December 7, 2015, Judge Morris again revoked Ms. Denny's
supervised release because she failed to participate in
substance abuse treatment and failed to notify her probation
officer of a change in her address. Judge Morris sentenced
her to six months in custody followed by eighteen months of
supervised release. (Doc. 62). Ms. Denny's term of
supervised release began on May 13, 2015.
December 22, 2016, Judge Morris revoked Ms. Denny's
supervised release because she submitted a urine sample that
tested positive for alcohol, provided a breath sample that
tested positive for alcohol, attempted to defeat the
urinalysis testing program, failed to report for urinalysis
testing on several occasions, provided a urine sample that
tested positive for methamphetamine, and failed to attend
substance abuse treatment group sessions. Ms. Denny was
sentenced to eight months in custody, with ten months of
supervised release to follow. (Doc. 76). Ms. Denny's
current term of supervised release began on June 20, 2017.
October 31, 2017, the United States Probation Office filed a
petition asking the Court to revoke Ms. Denny's
supervised release. (Doc. 78). The petition alleged that on
July 20, 2017, Ms. Denny was signed up for chemical
dependency counseling, but that she had not attended a
session since August of 2017. It further alleged Ms. Denny
was also signed up for mental health treatment with IHS
Behavioral Health, but has never attended any of her
appointments. Also, the petition alleged Ms. Denny was
referred for urinalysis testing, but that Ms. Denny failed to
contact or participate in the testing program. Finally, the
petition alleged that on October 18, 2017, the probation
officer spoke with Ms. Denny's mother, who informed him
that she had not seen Ms. Denny for several days and that Ms.
Denny was staying with her girlfriend, whom she was advised
not to associate with. Based on the petition, Judge Morris
issued a warrant for Ms. Denny's arrest. (Doc. 79).
January 29, 2018, the Probation Office filed an amended
petition with the Court. The amended petition alleged that on
January 21, 2018, Ms. Denny was arrested and charged with
Criminal Possession of Dangerous Drugs, Resisting Arrest,
Reckless Driving to Elude, and Driving While Suspended or
Revoked after she was arrested for fleeing a traffic stop in
Fort Belknap. It is alleged that after her car was stopped,
she attempted to flee on foot and the officers needed to taze
her twice. The amended petition also alleged Ms. Denny
possessed a controlled substance in that she admitted that
she emptied a bottle three methamphetamine bindles into the
patrol car while being transported. Finally, the amended
petition alleged that Ms. Denny admitted to the arresting
officer that she had been drinking and fled because she did
not want to get in trouble.
October 25, 2016, Ms. Denny appeared before the undersigned
in Great Falls, Montana, for an initial appearance. Federal
Defender Tony Gallagher accompanied her at the initial
appearance. Assistant United States Attorney Jared Cobell
represented the United States.
Denny said she had read the petition and understood the
allegations. Ms. Denny waived the preliminary hearing, and
the parties consented to proceed ...