United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United States Magistrate Judge
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.
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).
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 Well's term of supervised release was
revoked due to his consumption of alcohol in violation of his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,
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was revoked and he was sentenced to four months custody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.
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.
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.
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.
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 ...