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United States v. Walker

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

March 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DALLAS JAMES WALKER, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         Mr. Walker was accused of violating his conditions of supervised release by 1) using a controlled substance, 2) failing to report for substance abuse testing, 3) consuming alcohol, and 4) committing another crime. He admitted to three of the violations, but denied committing another crime. Mr. Walker's supervised release should be revoked. He should be sentenced to four months of custody, with nineteen months of supervised release to follow.

         II. Status

         In January 2009, Mr. Walker pleaded guilty to Voluntary Manslaughter. (Doc. 19). United States District Court Judge Sam E. Haddon sentenced Mr. Walker to seventy-eight months in custody and thirty-six months of supervised release. (Doc. 24).

         Mr. Walker's first term of supervised release began on January 1, 2014. (Doc. 51). United States District Judge Brian Morris revoked Mr. Walker's supervised release on June 23, 2014, because he violated its conditions by using alcohol, failing to participate in substance abuse testing, maintaining criminal associations, and engaging in new crimes. Judge Morris sentenced Mr. Walker to three months of custody, followed by thirty-three months of supervised release. (Doc. 36). Mr. Walker began his next term of supervised release on September 18, 2014.

         On December 2, 2014, Mr. Walker was accepted to Blue Thunder Lodge, a sober-living facility, for intensive outpatient treatment. (Doc. 51). On January 28, 2015, Judge Morris signed a Report on Offender Under Supervision after Mr. Walker failed to return to Blue Thunder Lodge as required. Mr. Walker was allowed to remain in the program. (Doc. 38).

         On April 9, 2015, Mr. Walker appeared before Judge Morris for violating the terms of his supervised release by absconding supervision and failing to complete substance abuse treatment. Judge Morris sentenced him to custody until May 21, 2015, and until a bed was available at Blue Thunder. Judge Morris also sentenced him to thirty months of supervised release. (Doc. 49).

         On July 7, 2015, the United States Probation Office filed a petition asking the Court to revoke Mr. Walker's supervised release for his failure to complete substance abuse treatment and failure to report a change in address. (Doc. 51). Mr. Walker's supervised release was revoked and he was sentenced to seven months custody with twenty three months of supervised release to follow. (Doc. 59).

         On July 6, 2017, Judge Morris signed a Report on Offender Under Supervision for the illegal use of oxycodone and marijuana. (Doc. 62). Mr. Walker was allowed to remain on supervised release.

         Petition

         On January 3, 2018, the United States Probation Office filed a petition asking the Court to revoke Mr. Walker's supervised release. The petition alleged that on December 29, 2017, Mr. Walker reported to his probation office that he had eaten a marijuana edible on December 23, 2017. The petition also alleged that on December 25, 2017, Mr. Walker failed to report for urinalysis testing. The petition further alleged that on December 27, 2017, after being arrested, Mr. Walker admitted to consuming whiskey. Finally, the petition alleged that on that same day, Mr. Walker committed another crime-aggravated assault, sexual assault, and abuse of a family member-after an incident where Mr. Walker allegedly attacked a neighbor couple while intoxicated. (Doc. 63). Based on the petition, Judge Morris issued a warrant for Mr. Walker's arrest. (Doc. 64).

         Initial appearance

         Mr. Walker appeared before the undersigned on February 27, 2018, in Great Falls, Montana, for an initial appearance. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant ...


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