United States District Court, D. Montana, Helena Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United States Magistrate Judge
United States accused Ms. Morrison of violating her
conditions of supervised release by 1) failing to maintain
employment without providing notice to her probation officer,
2) failing to truthfully answer questions asked by her
probation officer, 3) interacting with someone known to be
engaged in criminal activity, 4) failing to report for
substance abuse testing from September, 2017, to November,
2017, 5) failing to report for substance abuse treatment, 6)
failing to report for substance abuse testing on January 4,
2018, 7) failing to follow the instructions of her probation
officer, 8) failing to truthfully answer questions asked by
her probation officer, 9) failing to report for substance
abuse testing on January 10, 2018, 10) possessing a
controlled substance, 11) using a controlled substance, 12)
failing to truthfully answer questions asked by her probation
officer, and 13) failing to participate in substance abuse
testing on January 12, 2018. Ms. Morrison admitted to the
allegations. Her supervised release should be revoked. She
should be sentenced to six months of custody, with
forty-seven months of supervised release to follow. As added
conditions of her release, Ms. Morrison shall complete the
Passages Alcohol and Drug Treatment Program, and shall not
possess, ingest, or inhale any toxic substances, including
but not limited to, synthetic marijuana, kratom and/or
synthetic stimulants such as bath salts and spice.
Morrison pleaded guilty to Conspiracy to Distribute
Controlled Substance in July 2009. United States District
Judge for the District of Wyoming Alan Johnson sentenced her
to 120 months in custody followed by sixty months of
supervised release. She began her current term of supervised
release on January 18, 2013.
over this case was transferred to the District of Montana in
September 2013. (Doc. 1). The United States Probation Office
submitted a Petition/Order Setting Conditions of Release with
Consent of Offender in September 2014 modifying the terms of
Ms. Morrison's supervised release to include increased
drug and alcohol testing and drug or mental health treatment
because she consumed alcohol. (Doc. 5). Ms. Morrison
completed a twelve week outpatient chemical dependency
program following the modification. (Doc. 6).
November 30, 2016, the United States Probation Office filed a
petition asking the Court to revoke Ms. Morrison's
supervised release for her use of methamphetamine and
committing another crime. (Id.) Ms. Morrison's
supervised release was revoked, and she was sentenced to
seven months custody with fifty-three months of supervised
release to follow. (Doc. 18). Ms. Morrison began her current
term of supervised release on
December 28, 2017, the United States Probation Office filed a
petition asking the Court to revoke Ms. Morrison's
supervised release. The petition alleged that on August 3,
2017, Ms. Morrison resigned from her employment without
giving prior notice to her probation officer. The petition
also alleged that Ms. Morrison was untruthful to her
probation officer in lying about her contact with someone she
knew was engaged in criminal activity. Ms. Morrison
discovered she was pregnant following an intimate
relationship with a convicted federal felon, and falsely
denied further association with the felon to her probation
officer. The petition further alleged that Ms. Morrison
failed to report for substance abuse testing on September 26,
2017, October 23, 2017, and November 24, 2017. Finally, the
petition alleged that on November 15, 2017, Ms. Morrison
failed to report for her scheduled substance abuse treatment.
(Doc. 21). Based on the petition, United States District
Court Judge Charles Lovell issued a warrant for her arrest.
(Doc. 22). Ms. Morrison was arrested on January 12, 2018.
January 17, 2018, the United States Probation Office filed an
amended petition addressing further alleged violations. The
amended petition alleged that on January 4, 2018, Ms.
Morrison failed to report for substance abuse testing. Also,
it alleged that on January 10, 2018, Ms. Morrison called her
probation officer asking to be excused from a scheduled drug
test in Butte, Montana, stating she was in Great Falls,
Montana, because her uncle was in the hospital for organ
failure. The officer instructed her to report to the Great
Falls probation office for testing, but Ms. Morrison
indicated that she was driving to Butte to provide a drug
test, and refused to return to Great Falls when instructed
to. On January 12, Ms. Morrison allegedly told her probation
officer that she did not report for testing because she had
used methamphetamine the previous day. The petition also
alleged that on January 12, 2018, Ms. Morrison reported for
drug testing and tested negative. She was subsequently
arrested on the warrant previously issued, and after
searching her person, the officer found a device typically
used to substitute urine to adulterate drug test results. Ms.
Morrison denied having the device for that purpose, but a
second urinalysis test was positive for methamphetamine. Ms.
Morrison then admitted to ingesting methamphetamine on
January 9, 2018.
Morrison appeared before the undersigned for her initial
appearance on January 17, 2018, in Great Falls, Montana.
Federal Defender Evangelo Arvanetes accompanied her.
Assistant United States Attorney Jeff Starnes represented the
Morrison said she had read the petition and understood the
allegations. She waived the preliminary hearing, and the
parties consented to proceed with the revocation hearing
before the undersigned. Mr. Arvanetes requested time to
prepare for a revocation ...