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United States v. Denny

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

January 31, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CHAREYA RITA MARY DENNY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         The 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 follow.

         II. Status

         On June 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.

         On 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 Denny's supervised release was revoked in August 2015 because she violated her conditions by using methamphetamine and marijuana.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.

         On 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.

         On 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.

         Petition

         On 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).

         On 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.

         Initial appearance

         On 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.

         Ms. Denny said she had read the petition and understood the allegations. Ms. Denny waived the preliminary hearing, and the parties consented to proceed ...


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