United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
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.
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.
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.
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.
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.
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.
Gregori admitted to the violations as alleged in the
petition. The admitted violations are serious and warrant
revocation of Mr. Gregori's supervised release.
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