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United States v. Ironpipe

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

June 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JEFFREY JOE ROY IRONPIPE, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, Judge

         I. Synopsis

         The United States accused Mr. Ironpipe of violating his conditions of supervised release by 1) committing another crime, and 2) consuming alcohol. He admitted to the second violation, but denied the first. Mr. Ironpipe's supervised release should be revoked. He should be sentenced to twelve months of custody, with no supervised release to follow.

         II. Status

         On April 10, 2014, Mr. Ironpipe pleaded guilty to Sexual Abuse of a Minor. (Doc. 25). United States District Court Judge Brian Morris sentenced Mr. Ironpipe to fifteen months of custody, with sixty months of supervised release to follow. (Doc. 35). Mr. Ironpipe began his first term of supervised release on June 12, On June 24, 2015, the United States Probation Office filed a Request for Modifying the Conditions or Term of Supervision with Consent of Offender. The Court modified the conditions of supervised release by adding conditions requiring Mr. Ironpipe to participate in substance abuse testing and to abstain from the consumption of alcohol. (Doc. 40).

         On October 27, 2015, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Ironpipe had violated the conditions of his supervised release by using methamphetamine, knowingly residing with children under age eighteen without permission, and failing to attend a chemical dependency appointment. (Doc. 41). The Court allowed him to continue his supervised release.

         On February 2, 2016, Mr. Ironpipe's supervised release was revoked because he violated its terms by committing a new crime, drinking a pint of vodka, and failing to successfully complete a sex offender treatment program. He was sentenced to three months of custody and fifty-seven months of supervised release. (Docs. 51, 53). He began his next term of supervised release on April 21, 2016.

         On August 11, 2016 Mr. Ironpipe's supervised release was revoked because he consumed alcohol. The Court sentenced him to five months in custody, with fifty-two months of supervised release to follow. (Doc. 62). He began his term of supervised release on December 7, 2016.

         On January 30, 2017, the Probation Office filed a Report on Offender Under Supervision informing the Court that Mr. Ironpipe tested positive for methamphetamine. (Doc. 64). The Court allowed him to continue his supervised release.

         On January 31, 2017, the Probation Office filed a petition asking the Court to revoke Mr. Ironpipe's supervised release, alleging that Mr. Ironpipe had violated the conditions of his supervised release by using methamphetamine. (Doc. 65). Mr. Ironpipe was sentenced to six months custody, with forty six months of supervised release to follow. He began his term of supervised release on July 28, 2017.

         On September 28, 2017, the Probation Office filed a Report on Offender Under Supervision informing the Court that Mr. Ironpipe tested positive for methamphetamine. (Doc. 75). The Court allowed him to continue his supervised release, subject to increased reporting.

         On December 6, 2017, Mr. Ironpipe's supervised release was revoked because he consumed alcohol, failed to report contact with law enforcement, and was terminated from sex offender treatment. (Doc. 83). The Court sentenced him to six months in custody, with forty months of supervised release to follow. (Doc. 84). He began his current term of supervised release on May 15, 2018.

         Petition

         On May 21, 2018, the Probation Office filed a petition seeking to revoke Mr. Ironpipe's supervised release. The petition alleged that on May 16, 2018, at approximately 5:24pm, Mr. Ironpipe had been charged and arrested on Partner Family Member Assault and Disorderly Conduct after an incident where he allegedly struck his sister while intoxicated. The petition further alleged that Mr. Ironpipe had consumed alcohol based on his BAC of .210 ...


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