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. Spotted Wolf of violating his
conditions of supervised release by 1) using a controlled
substance, 2) possessing a controlled substance, 3) using a
controlled substance, and 4) possessing a controlled
substance. He admitted to the allegations. Mr. Spotted
Wolf's supervised release should be revoked. He should be
sentenced to fourteen months of custody, with no supervised
release to follow.
October 15, 2015, United States District Judge Brian Morris
sentenced Mr. Spotted Wolf to twenty-eight months in custody,
with twenty-four months of supervised release to follow,
after he pleaded guilty to Assault Resulting in Serious
Bodily Injury. (Doc. 66). He began his first term of
supervised release on May 3 2017.
28, 2017, the United States Probation Office filed a Petition
for Warrant for Offender Under Supervision, seeking to revoke
Mr. Spotted Wolf's supervised release for testing
positive for methamphetamine and for absconding from the
Great Falls Pre-Release Center. (Doc. 78). Mr. Spotted Wolf
was sentenced to five months custody, with nineteen months of
supervised release to follow. (Doc. 89). He began his current
term of supervised release on November 28, 2017.
Probation Office filed a Petition for Warrant for Offender
Under Supervision on June 28, 2017, accusing Mr. Spotted Wolf
of violating the conditions of his supervised release. The
petition alleged that on December 1, 2017, Mr. Spotted Wolf
submitted a positive urine sample for methamphetamine and
buprenorphine, and admitted that he used Suboxone throughout
his prison term and possessed and used methamphetamine the
day he was released from prison. The petition also alleged
that on January 18, 2018, Mr. Spotted Wolf submitted a
positive urine test for methamphetamine, and admitted to
using methamphetamine on January 14, 2018. (Doc. 91). On
January 29, 2018, Judge Morris issued a warrant for his
arrest based on the allegations in the petition. (Doc. 92).
Mr. Spotted Wolf was arrested on June 11, 2018.
Spotted Wolf appeared before the undersigned for an initial
appearance on June 26, 2018, in Great Falls, Montana. Federal
Defender David Ness accompanied him at the initial
appearance. Assistant United States Attorney Jeff Starnes
represented the United States.
Spotted Wolf said he had read the petition and understood the
allegations. He waived the preliminary hearing, and the
parties consented to proceed with the revocation hearing
before the undersigned.
Spotted Wolf admitted to the allegations. The admitted
violations are serious and warrant revocation of Mr. Spotted
Wolf's supervised release.
Spotted Wolf's violation grade is Grade C, his criminal
history category is I, 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 twenty-four months, less any custody time imposed. ...