United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United States Magistrate Judge.
United States accused Mr. Howard of violating his conditions
of supervised release by 1) failing to submit monthly reports
to the probation office, 2) failing to give prior notice of a
change in residence to the probation office, 3) using
methamphetamine, and 4) failing to report for a
non-compliance hearing. He admitted to the violations. Mr.
Howard's supervised release should be revoked. He should
be sentenced to three months of custody, with sixty-nine
months of supervised release to follow. As provided by the
conditions of his supervised release, Mr. Howard should be
required to participate in a sixty-day inpatient treatment at
Connection Corrections, as directed by the United States
Probation Office, upon the completion of his term of custody.
January 21, 2011, United States District Court Judge Sam
Haddon sentenced Mr. Howard to seventy-two months custody,
with seventy-two months of supervised release to follow,
after he pleaded guilty to Manufacture of Methamphetamine
within One Thousand Feet of Public Housing. (Doc. 28). Mr.
Howard began his first term of supervised release on January
August 15, 2016, the United States Probation Office filed a
Report on Offender under Supervision after Mr. Howard
submitted a urine sample positive for methamphetamine. (Doc.
30). The Court allowed him to continue his supervised release
after being placed in intensive outpatient treatment.
17, 2018, the Probation Office filed a petition seeking to
revoke Mr. Howard's supervised release. The petition
alleged that Mr. Howard failed to submit monthly reports from
November 2017 through March 2018. The petition further
alleged that Mr. Howard had not been living at his approved
residence since at least January of 2018. The petition also
alleged that on April 21, 2018, Mr. Howard admitted verbally
and in writing to using methamphetamine, and had used it
multiple times in the previous two weeks. Finally, the
petition alleged that on April 24, 2018, Mr. Howard failed to
report for a non-compliance hearing. (Doc. 31). Based on the
petition, United States District Court Judge Brian Morris
issued a warrant for Mr. Howard's arrest. (Doc. 32).
appearance Mr. Howard appeared before the
undersigned on June 19, 2108, in Great Falls, Montana, for an
initial appearance. Federal Defender Hank Branom accompanied
Mr. Howard at the initial appearance. Assistant United States
Attorney Jared Cobell represented the United States.
Howard said he had read the petition and understood the
allegations. Mr. Howard waived the preliminary hearing, and
the parties consented to proceed with the revocation hearing
before the undersigned.
Howard admitted to the violations as alleged in the petition,
stating only that he did eventually complete the monthly
reports, but did not submit them timely. The violations are
serious and warrant revocation of Mr. Howard's supervised
Howard's violation grade is Grade C, his criminal history
category is III, and his underlying offense is a Class B
felony. He could be incarcerated for up to thirty-six months.
He could be ordered to remain on supervised release for
seventy-two months, less any custody time imposed. The United
States Sentencing Guidelines call for five to eleven months
Branom argued for a sentence of two months custody, followed
by treatment, stating that Mr. Howard was not in a stable
household and that upon release, he would be in a better
living arrangement with his girlfriend. Mr. Howard exercised
his right of allocution and apologized to the Court, stating
that after his mother passed away, his sister and brother
ousted him from the family home and he had no support. He
stated that he resisted the temptation to use methamphetamine
for as long as he could, but he was surrounded by people who