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. 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.
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.
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supervised release was revoked and he was sentenced to time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.
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
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).
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, Mr. Mad Plume admitted that he violated
the condition of his supervised release. The violation is
serious and warrants revocation of his supervised release.
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.
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 ...