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United States v. Steiner

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

June 28, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER ALLAN STEINER, Defendant.

          FINDINGS AND RECOMMENDATIONS TO MODIFY DEFENDANT'S CONDITIONS OF SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Mr. Steiner was accused of violating his conditions of supervised release by 1) failing to participate in substance abuse testing, 2) using a controlled substance, 3) possessing a controlled substance, 4) failure to abide by location monitoring, 5) failing to participate in substance abuse testing by attempting to manipulate the test, and 6) failing to participate in substance abuse testing. He admitted to violations 2 through 5, and denied violations 1 and 6. Mr. Steiner's supervised release should be revoked. Mr. Steiner should be sentenced to six months in custody, with twenty-four months of supervised release to follow. Upon release, Mr. Steiner shall undergo a chemical dependency evaluation, and shall participate in treatment as directed by the United States Probation Office. In addition, the first 180 days of his supervised release should be spent in a Residential Re-Entry Center, if he is eligble and as directed by the United States Probation Office.

         II. Status

         Mr. Steiner pleaded guilty of to the crime of Possession with Intent to Distribute and Distribution of Methamphetamine in June 2011. He was sentenced to sixty-two months of incarceration, followed by forty-eight months of supervised release. (Doc. 38). He began his term of supervised release on October 17, 2014.

         On June 17, 2015, the United States Probation Office filed a Report of Offender under Supervision, notifying the Court that Mr. Steiner had failed to report for substance abuse testing and had tested positive for methamphetamine, though he denied any drug use. (Doc. 42).

         On November 15, 2015, the United States Probation Office filed a petition asking the Court to revoke Mr. Steiner's supervised release. Mr. Steiner admitted to using alcohol and methamphetamine. He was allowed to remain on supervised release, but was placed on electronic location monitoring for four months. (Doc. 56).

         On March 22, 2018, the United States Probation Office filed a petition asking the Court to revoke Mr. Steiner's supervised release based on his admission to using synthetic marijuana, association with a felon, and use of alcohol. (Doc. 59). Mr. Steiner was sentenced to time-served, with supervised release to continue until October of 2019, and with six months of supervised home detention. (Doc. 67).

         Petition

         On June 7, 2018, the United States Probation Office filed a petition asking the Court to revoke Mr. Steiner's supervised release. The petition alleged as follows:

1. On May 22, 2018, Mr. Steiner failed to participate in substance abuse testing because he would not produce enough saliva to register for a random drug test, and additionally did not provide a urine sample.
2. Mr. Steiner used a controlled substance between May 18 and May 22, 2018. He had a sweat patch placed on him on May 18, which was removed on May 22, 2018, and which tested positive for methamphetamine.
3. Mr. Steiner possessed a controlled substance between May 18 and May 22, 2018.
4. Mr. Steiner failed to abide by location monitoring after he had a fifteen minute authorized leave from his residence, which he stated was an emergency, but did not notify ...

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