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United States v. Jensen

United States District Court, D. Montana, Missoula Division

March 11, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DOUGLAS GEORGE JENSEN, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         The United States accused Douglas George Jensen (“Mr. Jensen”) of violating his conditions of supervised release by consuming alcohol on January 10, 2018, and February 1, 2018. The Court engaged in a colloquy with Mr. Jensen, imparting upon him the seriousness of his situation and the consequences of future violations. It is therefore recommended that Mr. Jensen's supervised release should not be revoked at this time.

         II. Status

         On October 22, 2003, Mr. Jensen was found guilty of Possession of a Controlled Substance with Intent to Distribute at a bench trial before United States District Judge Donald W. Molloy. (See Doc. 51). On February 24, 2004, Judge Molloy sentenced Mr. Jensen to life imprisonment, with ten years of supervised release to follow if Mr. Jensen were ever released from custody. (See Docs. 59, 66).

         On August 3, 2016, based on an application for clemency supported by Judge Molloy, President Barack Obama issued an Executive Order of Clemency to Mr. Jensen. (Doc. 93). As a result, Mr. Jensen's sentence of imprisonment was commuted, and Mr. Jensen was released on conditions of supervised release for a term of 120 months. Mr. Jensen began his current term of supervised release on December 27, 2017.

         Petition

         On February 6, 2018, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision alleging that Mr. Jensen violated the terms of his supervised release. (Doc. 95). The petition alleged that on January 12, 2018, Mr. Jensen submitted a urine sample which was positive for alcohol use, and admitted to consuming three beers on January 10, 2018. The petition also alleged that on February 1, 2018, Mr. Jensen again submitted a urine sample which was positive for alcohol use, and admitted to consuming three beers on January 28, 2018. (Id. at 2). Based on the petition, Senior United States District Judge Donald W. Molly ordered that a summons be issued directing that Mr. Jensen appear before the undersigned on February 13, 2018. (Doc. 96).

         Initial appearance

         Mr. Jensen appeared before the undersigned on February 13, 2018, in Great Falls, Montana. Federal Defender Anthony Gallagher accompanied him. Assistant United States Attorney Ryan Weldon represented the United States.

         Mr. Jensen stated that he had read the petition and understood the allegations. The Court advised Mr. Jensen that the maximum sentence for revocation of his supervised release was sixty months in prison, followed by 120 months of supervised release, less custody time imposed. The Court also advised Mr. Jensen of his right to a preliminary hearing which Mr. Jensen waived.

         The Court then engaged in a colloquy with Mr. Jensen. The Court imparted to Mr. Jensen in no uncertain terms the incredible rarity of an Executive Grant of Clemency from President Barack Obama, and the extraordinary effort expended on his behalf by Judge Molloy to have his sentence commuted. The Court stated that Mr. Jensen had been given the opportunity to succeed by none other than the President of the United States, and as such, the Court reiterated in its harshest terms that any violation of the conditions of his supervised release cannot and will not be tolerated, and will invariably lead to the revocation of his supervised release.

         Mr. Jensen addressed the Court and stated that he understood the severity of his situation and that he greatly appreciated President Obama's action and the effort Judge Molloy expended on his behalf. Mr. Jensen advised the Court that further compliance with the terms and conditions of his supervised release would not be an issue.

         III. ...


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