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United States v. Costa

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

June 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
GARRET JAY COSTA, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         The United States accused Mr. Costa of violating his conditions of supervised release in nineteen (19) different respects. He admitted to the violations. Mr. Costa's supervised release should be revoked. He should be sentenced to three months of custody on each count, to run concurrent, with thirty-three months of supervised release to follow. The first sixty days of Mr. Costa's supervised release should be spent in inpatient treatment at Connections Corrections, or as directed by the United States Probation Office.

         II. Status

         On May 5, 2016, United States District Court Judge Susan Watters sentenced Mr. Costa to thirty months in custody on each count, to run concurrently, with thirty-six months of supervised release to follow, after he pleaded guilty to Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. (Doc. 33). Mr. Costa began his current term of supervised release on October 19, 2017.

         On December 5, 2017, the United States Probation Office filed a Report on Offender under Supervision, alleging Mr. Costa had consumed alcohol and marijuana. (Doc. 36). The Court allowed him to continue his supervised release.

         On April 27, 2018, the United States Probation Office filed a Report on Offender under Supervision to address Mr. Costa's recurring non-compliance, missing of urinalysis testing, and consumption of alcohol and marijuana. (Doc. 37). The Court allowed him to continue his supervised release.

         Petition

         On June 7, 2018, the Probation Office filed a petition seeking to revoke Mr. Costa's supervised release. The petition alleged as follows:

1. On October 20, 2017, Mr. Costa submitted a urine sample which tested positive for alcohol.
2. On November 3, 2017, Mr. Costa failed to report for his initial appointment with Posse Partners and to enroll in testing as directed.
3. On November 13, 2017, Mr. Costa admitted during a home visit to using marijuana.
4. On November 13, 2017, Mr. Costa admitted during a home visit to consuming alcohol.
5. On November 13, 2017, Mr. Costa reported that he quit his job without giving prior notice to ...

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