United States District Court, D. Montana, Missoula Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge.
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.
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).
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.
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).
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.
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.
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.
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.