United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S PRETRIAL RELEASE
JOHNSTON UNITED STATES MAGISTRATE JUDGE
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.
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.
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.
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.
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.
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.
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.
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. ...