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United States v. Myrick

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

July 4, 2018

UNITED STATES OF AMERICA Plaintiff,
v.
JOHN MYRICK, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston United Stales Magistrate Judge

         I. Synopsis

         Mr. 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.

         II. Status

         On 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).

         On 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).

         Petition

         On 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).

         Initial appearance

         Mr. 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.

         Mr. 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.

         Revocation hearing

         Mr. 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.

         Mr. 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 ...


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