United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
Johnston United Stales Magistrate Judge
Myrick was accused of violating his conditions of supervised
release by failing to report to the probation office within
seventy-two hours of his release from imprisonment. He
admitted to the violation. Mr. Myrick's supervised
release should be revoked. He should be sentenced to six
months of custody, with twenty-four months of supervised
release to follow.
January 8, 2016, United States District Judge Brian Morris
sentenced Mr. Myrick to forty-six months custody, with three
years of supervised release to follow, after Mr. Myrick pled
guilty to Robbery. (Doc. 40).
December 14, 2017, a Petition for Warrant for Offender Under
Supervision was filed, alleging Mr. Myrick violated the
conditions of his supervised release by failing to attend
substance abuse testing, using methamphetamine and marijuana,
consuming alcohol, absconding and failure to obey the
Probation Office. (Doc. 42). On January 11, 2018, the
Probation Office filed an amended petition alleging Mr.
Myrick failed to attend substance abuse testing, used
methamphetamine and consumed alcohol. (Doc. 48). Mr. Myrick
was sentenced to three months in custody, with thirty-three
months of supervised release to follow. (Doc. 50).
April 5, 2018, the United States Probation Office filed a
petition asking the Court to revoke Mr. Myrick's
supervised release. The petition alleged Mr. Myrick was
released from prison on March 28, 2018, and that he was
required to report to the United States Probation Office
within seventy-two hours of release. As of the time of the
writing of the petition, Mr. Myrick had not contacted any
United States Probation Office in the District of Montana,
and his whereabouts were unknown; he had absconded
supervision. (Doc. 52). Based on the petition, Judge Morris
issued a warrant for Mr. Myrick's arrest. (Doc. 53).
Myrick appeared before the undersigned on May 31, 2018, in
Great Falls, Montana, for an initial appearance. Federal
Defender Evangelo Arvanetes accompanied him at the initial
appearance. Assistant United States Attorney Jeff Starnes
represented the United States.
Myrick said he had read the petition and understood the
allegations. Mr. Myrick waived the preliminary hearing, and
the parties consented to proceed with the revocation hearing
before the undersigned.
Myrick admitted that he violated the condition of his
supervised release as set forth in the petition. The
violation is serious and warrants revocation of Mr.
Myrick's supervised release.
Myrick'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 thirty months, less any custody time imposed. The ...