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United States v. No Runner

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

February 14, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TALIA JOYCE NO RUNNER, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S PRETRIAL RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Ms. No Runner was accused of violating her conditions of supervised release by 1) failing to participate in substance abuse treatment, 2) failing to report for substance abuse testing on December 26, 2017, 3) failing to report for substance abuse testing on December 29, 2017, 4) consuming alcohol, and 5) failing to report to the probation office within seventy-two hours of her release from prison. She admitted to the violations. Ms. No Runner's supervised release should be revoked. She should be sentenced to two months of custody and thirty-four months of supervised release.

         II. Status

         On February 10, 2016, United States District Judge Brian Morris sentenced Ms. No Runner to forty-two months in custody with three years of supervised release to follow after she pleaded guilty to Conspiracy to Possess with Intent to Distribute a Controlled Substance. (Doc. 36). Ms. No Runner began her current term of supervised release on December 12, 2017.

         Petition

         On January 11, 2018, the United States Probation Office filed a petition seeking to revoke Ms. No Runner's supervised release. The petition alleged that On December 15, 2017, Ms. No Runner failed to report to Passages to sign up for substance abuse treatment. Also, the petition alleged that Ms. No Runner failed to report for random urine testing at Alternatives, Inc. on December 26, 2017, and December 29, 2017. The petition also alleged Ms. No Runner admitted to consuming alcohol on January 2, 2018. Finally, the petition alleged that on January 3, 2018, Ms. No Runner failed to report to the Probation Office at the request of her probation officer, and that as of the writing of the petition, her whereabouts were unknown. (Doc. 41). Based on the petition, Judge Morris issued a warrant for her arrest. (Doc. 42).

         Initial appearance

         On February 6, 2018, Ms. No Runner appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Hank Branom accompanied her at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Ms. No Runner said she had read the petition and understood the allegations. Ms. No Runner waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         Ms. No Runner admitted that she violated the conditions of her supervised release. The violations Ms. No Runner admitted to are serious and warrant revocation of her supervised release.

         Ms. No Runner's violation grade is Grade C, her criminal history category is I, and her underlying offense is a Class C felony. Ms. No Runner could be incarcerated for up to twenty-four months, and she could be ordered to remain on supervised release for thirty-six months, less any custody time imposed. The United States Sentencing Guidelines call for three to nine months in custody.

         Mr. Branom recommended a sentence below the guideline range, noting that Ms. No Runner turned herself in after violating her conditions, and also that she had a job waiting for her upon her release. Ms. No Runner addressed the Court and stated that she fell into the wrong crowd after she went home to visit her children, but has otherwise been doing well under supervision. Mr. Cobell recommended a sentence of three months noting that it was likely that Ms. ...


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