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