United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United States Magistrate Judge.
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.
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.
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.
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,
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).
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
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
March 12, 2018, Mr. Robledo appeared with Federal Defender
Tony Gallagher before the undersigned for a revocation
hearing. Mr. ...