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United States v. Spotted Wolf

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

June 28, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
COBRA JADE SPOTTED WOLF, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         The 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.

         II. Status

         On 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.

         On June 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.

         Petition

         The 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.

         Initial appearance

         Mr. 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.

         Mr. 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.

         Revocation hearing

         Mr. Spotted Wolf admitted to the allegations. The admitted violations are serious and warrant revocation of Mr. Spotted Wolf's supervised release.

         Mr. 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. ...


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