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United States v. Plume

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

March 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
HARLAN JEROME DEAN MAD PLUME, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         The United States accused Mr. Mad Plume of violating his conditions of supervised release by being removed from his required sixty-day impatient substance abuse treatment program after he exhibited defiant and resistant behavior on February 21, 2018. Mr. Mad Plume admitted to the violations. His supervised release should be revoked, and he should be incarcerated for nine months, with twelve months of supervised release to follow.

         II. Status

         On September 15, 2016, United States District Judge Brian Morris sentenced Mr. Mad Plume to six months in custody, with thirty-six months of supervised release to follow, after he pleaded guilty to Assault Resulting in Serious Bodily Injury. (Doc. 59). Mr. Mad Plume began his term of supervised release on November 22, 2016.

         On January 31, 2017, the United States Probation Office filed a petition asking the Court to revoke Mr. Mad Plum's supervised release, alleging Mr. Mad Plume had violated his conditions of supervised release by absconding from the Great Falls Transition Center. (Doc. 64). Mr. Mad Plume's supervised release was revoked and he was sentenced to time served, and he was further ordered to attend treatment at Crystal Creek Lodge Treatment Center in Browning, Montana. Mr. Mad Plume began his current term of supervised release on June 20, 2017.

         On September 18, 2017, the United States Probation Office filed a petition asking the Court to revoke Mr. Mad Plume's supervised release for his consumption of alcohol, failing to notify the probation office of law enforcement contact, failure to attend chemical dependency treatment, and committing a new crime. (Doc. 79). Mr. Mad Plume was sentenced to custody until February 5, 2018, at which time he was to complete sixty-day inpatient treatment at Connections Corrections, with twenty-five months of supervised release to follow.

         Petition

         On February 21, 2018, the United States Probation Office filed a petition asking the Court to revoke Mr. Mad Plume's supervised release. (Doc. 90). The petition alleges that on February 21, 2018, Supervising United States Probation Officer Kevin Heffernan received a report from the Licensed Addictions Counselor at Connections Corrections, which stated that Mr. Mad Plume had exhibited defiant and resistant behavior, had sworn at other clients and had been aggressive toward them, and after being placed in a holding cell for his safety and the safety of others, he began to act out by destroying his pillow, throwing toilet paper everywhere, and staying up all night screaming. (Id.) Based on the petition, Judge Morris issued a warrant for Mr. Mad Plume's arrest. (Doc. 91).

         Initial appearance On February 27, 2018, Mr. Mad Plume appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender Bill Levine accompanied him at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States. Mr. Mad Plume said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         At the revocation hearing, Mr. Mad Plume admitted that he violated the condition of his supervised release. The violation is serious and warrants revocation of his supervised release.

         Mr. Mad Plume's violation grade is Grade C, his criminal history category is I, and his underlying offense is a Class C felony. He could be incarcerated for up to twenty-four months. He could be ordered to remain on supervised release for twenty-five months, less any custody time imposed. The United States Sentencing Guidelines call for three to nine months in custody.

         Mr. Levine requested a low guideline sentence, acknowledging that this was his third revocation. Mr. Mad Plume addressed the Court and stated he recognized he needed treatment and was sorry he did not complete it. Mr. Cobell recommended a guideline sentence followed by supervised ...


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