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United States v. Wells

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

May 21, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
EUGENE DELBERT WELLS, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         Mr. Wells was accused of violating his conditions of supervised release by committing another crime and consuming alcohol. He admitted to consuming alcohol. Mr. Wells's supervised release should be revoked. He should be sentenced to five months of custody, with no supervised release to follow, given credit for time-served.

         II. Status

         Mr. Wells pleaded guilty in 2012 to Domestic Assault-Habitual Offender. (Docs. 22-23). He was sentenced to thirty-seven months in custody and thirty-six months of supervised release. (Doc. 29). His term of supervised release began on January 28, 2015. On May 11, 2015, Mr. Wells reported for outpatient chemical dependency group with a blood alcohol content of .079. Mr. Wells was referred to Crystal Creek Treatment Center. He was discharged from the Center on May 8, 2015. (Doc. 33).

         On August 4, 2015, Mr. Well's term of supervised release was revoked due to his consumption of alcohol in violation of his conditions. (Doc. 44). Mr. Wells was sentenced to six months in custody and thirty months of supervised release. Mr. Wells's term of supervised release began on December 31, 2015.

         On May 2, 2017, the United States Probation Office filed a petition addressing the defendant assaulting his wife while she was holding their newborn child. (Doc. 50). During the assault Mr. Well's was intoxicated and had a blood alcohol content of .181. On June 26, 2017, Mr. Well's supervision was revoked and he was sentenced to four months custody followed by two months inpatient treatment, followed by four months in Great Falls Pre-Release, followed by three months of supervised release. (Doc. 62). Mr. Wells's current term of supervised release began on September 1, 2017.

         Petition

         On January 23, 2018, the United States Probation Office filed a petition asking the Court to revoke Mr. Wells's supervised release. (Doc. 71). The petition alleged that Mr. Wells was arrested and charged with Partner Family Member Assault, Robbery, Unlawful Restraint, Criminal Destruction of a Communication Device, and Theft, after an incident on January 14, 2018, where Mr. Wells's wife reported that she had been assaulted by Mr. Wells. His wife alleged that Mr. Wells grabbed her by the wrist as she attempted to call 9-1-1, and wrapped his arm around her neck and shoulders, threw he phone to the ground, then threw her to the ground, causing her to sustain a head and neck injury. The petition also alleged that Mr. Wells admitted to consuming alcohol during the above incident. (Id.) Based on the petition, United States District Judge Brian Morris issued a warrant for Mr. Wells's arrest. (Doc. 72). Mr. Wells had been in custody since he was arrested on January 14, 2018, in relation to this incident.

         Initial appearance

         Mr. Wells appeared before the undersigned on May 17, 2018, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Jeff Starnes represented the United States.

         Mr. Wells said he had read the petition and understood the allegations. Mr. Wells waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         Mr. Wells had two alleged violations. Mr. Wells admitted he violated the special condition of abstaining from alcohol consumption under his supervised release, but he did not admit to elements of a new crime. The admitted violation is serious and warrants revocation of Mr. Wells's supervised release. However, Mr. Wells denied violating the mandatory condition requiring him to ...


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