United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston, United States Magistrate Judge.
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.
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.
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.
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).
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).
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Walker's supervised release was revoked and he was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).
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
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).
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 ...