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United States v. Robledo

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

March 28, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
PEDRO MARTINE ROBLEDO, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Mr. Robledo was accused of violating his conditions of supervised release by 1) failing to appear for scheduled urinalysis testing and 2) failing to follow the instructions of his probation officer. He admitted to the violations. Mr. Robledo's supervised release should be revoked. He should be sentenced to sixteen months of custody, with no supervised release to follow.

         II. Status

         On June 19, 2014, Mr. Robledo pled guilty to one count of Assault Resulting in Serious Bodily Injury and one count of Involuntary Manslaughter after he crashed a vehicle while driving while intoxicated, killing one passenger and severely injuring another victim. (Doc. 41). Mr. Robledo was sentenced to forty months of custody on each count, to run concurrently, followed by thirty-six months of supervised release. (Doc. 42). Mr. Robledo's term of supervised release began on July 10, 2017.

         On August 1, 2017, the United States Probation Office filed a Report on Offender Under Supervision, which reported that Mr. Robledo admitted that he smoked methamphetamine on July 14, 2017 and July 22, 2017, consumed a half-liter of vodka on July 22, 2017, and quit his job on July 17, 2017. (Doc. 46). Mr. Robledo was allowed to continue his supervised release.

         On November 2, 2017, the United States Probation Office filed an amended petition, alleging that Mr. Robledo had violated the conditions of his supervised release by using a controlled substance, consuming alcohol, and possessing drug paraphernalia. (Doc. 50). He was sentenced to three months custody with thirty-three months of supervised release to follow. He began his current term of release on January 30, 2018.

         Petition

          On February 28, 2018, the United States Probation Office filed a petition seeking to revoke Mr. Robledo's supervised release, alleging that Mr. Robledo had violated the conditions of his supervised release. (Doc. 64). The petition alleged that Mr. Robledo failed to appear for a scheduled urinalysis testing on February 26, 2018, at the Great Falls Pre-Release Center. The petition further alleged that after being told to contact his probation officer, Mr. Robledo sent a text message to his probation officer on February 23, 2018, indicating that he had gotten high and would no longer be participating in his supervised release. Mr Robledo also stated that he would abscond and that “your[sic] going to have to find me.” (Id.) Based on the petition, Judge Morris issued a warrant for Mr. Robledo's arrest. (Doc. 65).

         Initial appearance

         Mr. Robledo appeared before the undersigned on March 8, 2018, Great Falls, Montana, accompanied by June Lord, Esq. Assistant United States Attorney Ryan Weldon represented the United States.

         Mr. Robledo said he had read the petition and understood the allegations. Mr. Robledo waived the preliminary hearing. Mr. Robledo requested the hearing be postponed until the following week.

         Revocation hearing

         On March 12, 2018, Mr. Robledo appeared with Federal Defender Tony Gallagher before the undersigned for a revocation hearing. Mr. ...


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