United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Rider was accused of violating his conditions of supervised
release by 1) failing to live at the location approved by his
probation officer, 2) failing to participate in a substance
abuse treatment program, and 3) failing to comply with the
Violent Offender Registration requirements. He admitted to
Violation 2, and the United States dismissed Violations 1 and
3. Mr. Rider's supervised release should be revoked. Mr.
Rider should be sentenced to three months in custody, with
thirty-three months of supervised release to follow.
August 10, 2016, United States District Court Judge Brian
Morris sentenced Mr. Rider to twenty-five months in custody,
with thirty-six months of supervised release, after Mr. Rider
pled guilty to Assault Resulting in Serious Bodily Injury.
(Doc. 96). He began his term of supervised release on January
March 13, 2018, the United States Probation Office filed a
Report of Offender under Supervision, notifying the Court
that Mr. Rider had used illicit drugs and alcohol. (Doc.
117). Mr. Rider was allowed to remain on supervised release
to address his substance abuse issues.
April 23, 2018, the United States Probation Office filed a
petition asking the Court to revoke Mr. Rider's
supervised release. The petition alleged that on April 10,
2018, the Probation Office conducted a home visit to Mr.
Rider's reported residence, where the residents advised
that Mr. Rider had not stayed at the residence in
approximately two weeks. At the time of the petition, Mr.
Rider's whereabouts were unknown. The petition also
alleged that Mr. Rider failed to report for substance abuse
treatment on April 4, 11, and 18, 2018. Finally, the petition
alleged that because Mr. Rider did not advise the Probation
Office of his moving, he was in non-compliance with the
Violent Offender Registry requirements. (Doc. 118). Based on
the petition, Judge Morris issued a warrant for Mr.
Rider's arrest. (Doc. 119).
Rider appeared before the undersigned on May 1, 2018, in
Great Falls, Montana. Federal Defender David Ness accompanied
him at the initial appearance. Assistant United States
Attorney Jessica Betley represented the United States.
Rider said he had read the petition and understood the
allegations. Mr. Rider waived the preliminary hearing, and
the parties consented to the jurisdiction of a magistrate
judge for the revocation hearing.
revocation hearing, Mr. Rider admitted to Violation 2 as
alleged in the petition. Violations 1 and 3 were dismissed by
motion of the United States. Therefore, the United States has
met its burden with respect to Violations 2 through Mr.
Rider's admission. The admitted violation is serious and
warrants a sanction.
Rider's violation grade is Grade C, his criminal history
category is IV, and his underlying offense is a Class C
felony. He could be incarcerated for up to twenty-four
months. He could be ordered to remain on supervised release
for up to thirty-six months, less any custodial time imposed.
The United States Sentencing Guidelines call for six to
twelve months in custody.
Ness requested that Mr. Rider receive a sentence of
time-served, noting that this was Mr. Rider's first
revocation, he had served some time in prison, and that he
recognizes he must comply with conditions. Mr. Rider
addressed the Court and stated that he took it upon himself
to request a drug evaluation while on supervised release, and
that he had a tough time getting into the flow of things
since being released from prison for the underlying offense.
Ms. Betley recommended a ...