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United States v. Talia Joyce No Runner

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

May 30, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TALIA JOYCE NO RUNNER, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S PRETRIAL RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         Ms. No Runner was accused of violating her conditions of supervised release by 1) consuming alcohol, 2) committing another crime, and 3) failing to report for substance abuse testing. She admitted to violations 1 and 3, but denied violation 2. Ms. No Runner's supervised release should be revoked. She should be sentenced to five months of custody, with twenty-nine months of supervised release to follow. As an added condition of her supervised release, Ms. No Runner should spend a term of 180 days in a Residential Reentry Center as approved by the United States Probation Office.

         II. Status

         On February 10, 2016, United States District Judge Brian Morris sentenced Ms. No Runner to forty-two months in custody with three years of supervised release to follow after she pleaded guilty to Conspiracy to Possess with Intent to Distribute a Controlled Substance. (Doc. 36). Ms. No Runner began her current term of supervised release on December 12, 2017.

         On January 11, 2018, the United States Probation Office filed a petition seeking to revoke Ms. No Runner's supervised release for her failure to sign up for substance abuse treatment, failure to report for random urine testing, and consumption of alcohol and absconding. (Doc. 41). She was sentenced to two months custody, with thirty-four months of supervised release to follow.

         Petition

         On May 10, 2018, the United States Probation Office filed a petition seeking to revoke Ms. No Runner's supervised release. The petition alleged that Ms. No Runner was arrested on May 4, 2018, and at that time her BAC was .311. The petition further alleged that on May 4, 2018, Ms. No Runner struck a female victim and took the victim's cell phone, and was arrested and charged with assault and theft. Finally, the petition alleged that Ms. No Runner failed to appear for breath and urine testing on April 10, 2018. (Doc. 52). Based on the petition, Judge Morris issued a warrant for her arrest. (Doc. 53).

         Initial appearance

         On May 29, 2018, Ms. No Runner appeared before the undersigned in Great Falls, Montana, for an initial appearance. Federal Defender David Ness accompanied her at the initial appearance. Assistant United States Attorney Jessica Betley represented the United States.

         Ms. No Runner said she had read the petition and understood the allegations. Ms. No Runner waived the preliminary hearing, and the parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         Ms. No Runner admitted that she violated the conditions of her supervised release as alleged in violations 1 and 3 in the petition, but denied committing violation 2. The United States presented evidence in support of violation 2 through the testimony of Ms. No Runner's probation officer. The Court finds that the United States has met its burden of proof as to all three violations. Ms. No Runner's violations are serious and warrant revocation of her supervised release.

         Ms. No Runner's violation grade is Grade C, her criminal history category is I, and her underlying offense is a Class C felony. Ms. No Runner could be incarcerated for up to twenty-four months, and she could be ordered to remain on supervised release for thirty-six months, less any custody time ...


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