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United States v. Wolf Child

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

June 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TIMOTHY ERIC WOLF CHILD, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United States Magistrate Judge

         I. Synopsis

         The United States accused Mr. Wolf Child of violating his conditions of supervised release by 1) consuming alcohol, and 2) being terminated from sex offender treatment. He admitted to the violations. Mr. Wolf Child's supervised release should be revoked. He should be sentenced to five months of custody, with 115 months of supervised release to follow.

         II. Status

         On August 25, 2011, United States District Court Judge Sam Haddon sentenced Mr. Wolf Child to eighty-six months custody, with 120 months of supervised release to follow, after he pleaded guilty to Sex with Person Mentally/Physically Unable to Decline. (Doc. 49). Mr. Wolf Child began his first term of supervised release on September 1, 2017.

         On October 17, 2017, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Wolf Child had violated the conditions of his supervised release by smoking marijuana and consuming alcohol. (Doc. 57). The Court allowed him to continue his supervised release to address his substance abuse issues at White Sky Hope.

         On December 22, 2017, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Wolf Child had violated the conditions of his supervised release by smoking marijuana. (Doc. 58). The Court allowed him to continue his supervised release to address his substance abuse issues at White Sky Hope.

         On March 16, 2018, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Wolf Child had violated the conditions of his supervised release submitting a diluted urine sample on three different occasions. (Doc. 59). The Court allowed him to continue his supervised release to participate in substance abuse treatment.

         On April 16, 2018, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Wolf Child had violated the conditions of his supervised release by taking Oxycodone without a valid prescription. (Doc. 60). The Court allowed him to continue his supervised release.

         Petition

         On May 31, 2018, the Probation Office filed a petition seeking to revoke Mr. Wolf Child's supervised release. The petition alleged that on May 25, 2018, the Rocky Boy Police conducted a traffic stop on a vehicle in which Mr. Wolf Child was a passenger. The petition alleges that Mr. Wolf Child's BAC was .039 when tested at 4:57 a.m. that day. The petition also alleges that on May 29, 2018, the Probation Office was notified that Mr. Wolf Child had been terminated from sex offender treatment for his third alcohol violation. (Doc. 61). Based on the petition, United States District Court Judge Brian Morris issued a warrant for Mr. Wolf Child's arrest. (Doc. 62).

         Initial appearance

         Mr. Wolf Child appeared before the undersigned on June 19, 2108, in Great Falls, Montana, for an initial appearance. Federal Defender Hank Branom accompanied Mr. Wolf Child at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

         Mr. Wolf Child said he had read the petition and understood the allegations. Mr. Wolf Child waived the preliminary hearing, and the parties consented to proceed ...


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