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United States v. Finley

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

March 26, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JACOB FINLEY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Finley of violating his conditions of supervised release by failing to complete a program of substance abuse treatment. Mr. Finley admitted to the violation. His supervised release should be revoked, and he should be sentenced to seven months in custody, with no supervised release to follow.

         II. Status

         Mr. Finley pleaded guilty to False Information and Hoaxes on December 2, 2015. (Doc. 27). United States District Judge Brian Morris sentenced him to sixteen months in custody, with twenty-four months of supervised release to follow, on March 17, 2016. (Doc. 36).

         The United States Probation Office filed a Report on Offender Under Supervision on February 16, 2017, notifying the Court that Mr. Finley used methamphetamine. (Doc. 40). Judge Morris allowed him to continue his supervised release.

         The Probation Office filed a second Report on Offender Under Supervision on March 9, 2017, notifying the Court that Mr. Finley used methamphetamine and marijuana. (Doc. 41). Judge Morris allowed him to continue his supervised release.

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on March 23, 2017, accusing Mr. Finley of violating the conditions of his supervised release by failing to report for substance abuse treatment, failing to report for substance abuse testing, failing to report to his probation officer, and failing to maintain employment. (Doc. 43). On June 15, 2017, after several continuances, Mr. Finley was sentenced to three months custody with twenty-one months of supervised release to follow. (Doc. 58). Mr. Finley began his current term of supervised release on June 27, 2017.

         On August 29, 2017, a Report on Offender Under Supervision was filed with the Court stating Mr. Finley had been using methamphetamine again and had failed to report to his probation officer. (Doc. 60). Mr. Finley was allowed to remain in the community to work on his recovery issues.

         The Probation Office filed a Petition for Warrant for Offender Under Supervision on September 14, 2017, accusing Mr. Finley of violating the conditions of his supervised release by committing a domestic abuse, consuming marijuana and methamphetamine, and failing to appear for substance abuse testing and treatment. (Doc. 61). Mr. Finley was sentenced to four months custody, with seventeen months of supervised release to follow. (Doc. 71). Mr. Finley began his current term of supervised release on January 4, 2018, at Connections Corrections in Butte, Montana.

         Petition

          On February 21, 2018, the Probation Office filed a Petition for Warrant for Offender Under Supervision alleging that Mr. Finley had violated the terms of his supervised release. The petition alleged that Mr. Finley was terminated from his substance abuse treatment program at Connections Corrections on February 21, 2018, for being disruptive. The petition cited to a report from Mark Dennehy, a licensed addictions counselor at Connections Corrections and Mr. Finley's unit supervisor. The report stated that Mr. Finley had received two class three incident reports, had gone into another client's room and taken that client's chair, and had demonstrated a disruptive “prison mentality.” Furthermore, the report stated that after a verbal altercation on February 18, 2018, which Mr. Finley stood behind one of the persons in the altercation in a threatening manner, he was placed in a holding cell for his safety, at which time he acted out by screaming, destroying a pillow, and blocking the HVAC system with toilet paper. (Doc. 73). Based on the allegations in the Petition, Judge Morris issued a warrant for his arrest. (Doc. 74).

         Initial appearance

          Mr. Finley appeared before the undersigned for an initial appearance on February 27, 2018, in Great Falls, Montana. Federal Defender Hank Branom accompanied him at the initial appearance. Assistant ...


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