United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
JOHNSTON UNITED STATES MAGISTRATE JUDGE
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.
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.
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.
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.
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 ...