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United States v. Gregori

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

June 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY LANDELL GREGORI, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, Judge

         I. Synopsis

         The United States accused Mr. Gregori of violating his conditions of supervised release by 1) using a controlled substance, and 2) failing to attend chemical dependency group session. He admitted to the violations. Mr. Gregori's supervised release should be revoked. He should be sentenced to four months of custody, with thirty-two months of supervised release to follow. As provided by Special Condition 1 of his supervised release, Mr. Gregori should be required to attend intensive outpatient treatment as directed by the United States Probation Office.

         II. Status

         On December 11, 2012, United States District Court Judge Sam Haddon sentenced Mr. Gregori to seventy-eight months custody, with thirty-six months of supervised release to follow, after he pleaded guilty to Interference with Commerce by Threat or Violence. (Doc. 49). Mr. Gregori began his first term of supervised release on December 1, 2017.

         On January 11, 2018, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Gregori had violated the conditions of his supervised release by using methamphetamine and alcohol. (Doc. 102). The Court allowed him to continue his supervised release to follow through with treatment and testing.

         Petition

         On March 28, 2018, the Probation Office filed a petition seeking to revoke Mr. Gregori's supervised release. The petition alleged that during a home contact on March 10, 2018, Mr. Gregori admitted to using methamphetamine and marijuana, and that on March 20, 2018, Mr. Gregori submitted a urine sample that tested positive for methamphetamine. The petition also alleges that on March 23, 2018, the Probation Office was notified that Mr. Gregori had failed to attend a scheduled chemical dependency group session. (Doc. 103). Based on the petition, United States District Court Judge Brian Morris issued a summons for Mr. Gregori to appear on April 17, 2018. (Doc. 104).

         Initial appearance

         Mr. Gregori appeared before the undersigned on April 17, 2018, in Great Falls, Montana, for an initial appearance. Federal Defender Tony Gallagher accompanied Mr. Gregori at the initial appearance. Assistant United States Attorney Jared Cobell represented the United States.

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

         Revocation hearing

         Mr. Gregori admitted to the violations as alleged in the petition. The admitted violations are serious and warrant revocation of Mr. Gregori's supervised release.

         Mr. Gregori's violation grade is Grade C, his criminal history category is III, and his underlying offense is a Class C felony. He could be incarcerated for up to twenty-four months. He could be ordered to remain on supervised release for thirty-six months, less any custody time ...


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