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United States v. Hall

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

February 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DEVIN HALL, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Hall of violating his conditions of supervised release by (1) consuming alcohol, (2) failing to report to the probation office within seventy-two hours of contact with law enforcement, (3) failing to participate in substance abuse treatment, (4) failing to participate in substance abuse testing, and (5) failing to complete his sex offender treatment program. He admitted to the violations. Mr. Hall's supervised release should be revoked. He should be sentenced to nine months of custody with eleven months of supervised release to follow.

         II. Status

         In October 2010, Mr. Hall pleaded guilty to four counts of Burglary. (Docs.29-30). United States District Court Judge Sam E. Haddon sentenced Mr. Hall to sixty months of custody on each count, to run concurrently, and thirty-six months of supervised release on each count, to run concurrently. (Doc. 36). Mr. Hall's term of supervised release began on November 27, 2015. (Doc. 44).

         On February 19, 2016, the United States Probation Office filed a Report on Offender under Supervision notifying the Court that Mr. Hall failed to report for substance abuse treatment, used alcohol, failed to notify his probation officer within 72 hours of law enforcement contact, and failed to report for sex offender treatment. (Doc. 43).

         On June 6, 2016, the Court revoked Mr. Hall's supervised release because he failed to comply with substance abuse testing and treatment and failed to comply with sex offender treatment. He also consumed alcohol, consumed controlled substances, and failed to report to his probation officer as directed. (Doc. 55). United States District Judge Brian Morris sentenced him to six months in custody and thirty months of supervised release on all counts, to run concurrently. (Id.) Mr. Hall began his term of supervised release on October 19, 2016.

         The United States Probation Office filed a petition asking the Court to revoke Mr. Hall's supervised release on January 5, 2017, alleging that he violated the terms of his supervised release by committing another crime, failing to report for substance abuse testing, failing to report for substance abuse treatment, and providing a breath sample that tested positive for alcohol on two occasions. (Doc. 58). He was sentenced to six months custody with twenty-four months of supervised release to follow. (Doc. 67). His subsequent term of supervision began on July 20, 2017.

         On August 3, 2017, The United States Probation Office filed a petition asking the Court to revoke Mr. Hall's supervised release, alleging that he violated the terms of his supervised release by failing to report to his probation officer within seventy-two hours of being released. (Doc. 70). He was sentenced to four months custody with twenty months of supervised release to follow. (Doc. 82). His current term of supervision began on December 4, 2017.

         Petition

         On February 1, 2018, the United States Probation Office filed a Petition for Warrant or Summons and Order asking the Court to revoke Mr. Hall's supervised release. The petition alleged that on January 23, 2018, Mr. Hall was intoxicated while wandering the streets of Poplar, Montana, and was taken into custody. Also, the petition alleged that Mr. Hall did not report that contact with law enforcement to his probation officer as required. The petition also alleged that Mr. Hall had not been in contact with his substance abuse testing and treatment vendor, and had therefore not been participating in mandatory treatment or testing. Finally, the petition alleged that Mr. Hall had not maintained contact with his sex offender treatment vendor and had likewise not been participating in said treatment. (Doc. 85). Based on the Petition, United States District Court Judge Brian Morris issued a warrant for Mr. Hall's arrest. (Doc. 86).

         Initial appearance

         Mr. Hall appeared before the undersigned on February 21, 2018, in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Mr. Hall said he had read the Petition and understood the allegations. Mr. Hall waived the preliminary hearing, and the parties consented to proceed with ...


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