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 of America accused Mr. McQueen of violating his
conditions of supervised release by 1) being terminated from
sex offender treatment, 2) possessing a smartphone without
notifying his probation officer, 3) viewing pornographic
materials, 4) possessing a device with access to the internet
without permission, and 5) committing another crime. Mr.
McQueen admitted to violation 1 through 4, but denied
violation 5. Mr. McQueen's supervised release should be
revoked. Mr. McQueen should be sentenced to seven months
custody, with fifty months of supervised release to follow.
As a condition of his supervised release, if Mr. McQueen is
deemed eligible for placement in a Pre-Release Center in
Montana, he should spend the first 180 days of his supervised
release in a Pre- Release Center as directed by the United
States Probation Office.
24, 2010, United States District Judge Sam Haddon sentenced
Mr. McQueen to seventy-two months in custody, with sixty
months of supervised release to follow, after Mr. McQueen
pleaded guilty to Activities Relating to Material
Constituting or Containing Child Pornography. (Doc. 32). Mr.
McQueen's first term of supervised release began on May
October 26, 2016, the Court revoked Mr. McQueen's
supervised release after he was terminated from sex offender
treatment and had been involved in a sexual relationship with
a resident of the Great Falls Transition Center, and that he
had a pornographic video, a PlayStation 4, and an internet
router. United States District Judge Brian Morris sentenced
him to three months custody with fifty-seven months of
supervised release to follow. (Doc. 47). He began his current
term of supervised release on December 20, 2016.
29, 2018, the United States Probation office filed a Petition
for Warrant or Summons and Order alleging that Mr. McQueen
violated his supervised release. The petition alleged that On
June 28, 2018, Mr. McQueen was terminated from sex offender
treatment. The petition also alleged that Mr. McQueen
possessed a smartphone, which had a camera, for over a year
without notifying his probation officer. Next, the petition
alleges that on June 28, 2108, Mr. McQueen admitted to his
probation officer that he had accessed pornography sites on
his smartphone, and stated that he saved pictures of naked
women on his phone. The petition further alleged that Mr.
McQueen possessed an internet capable device (his smartphone)
without permission from his probation officer. Finally, the
petition alleged that on June 13, 2018, Mr. McQueen had been
arrested for Embezzlement after allegedly stealing $1, 900
from Burger King. (Doc. 49). Based on the petition, Judge
Morris issued a warrant for Mr. McQueen's arrest. (Doc.
McQueen appeared before the undersigned on July 10, 2018, in
Great Falls, Montana. Federal Defender Tony Gallagher
accompanied him. Assistant United States Attorney Ryan Weldon
represented the United States.
McQueen said he had read the petition and understood the
allegations. Mr. McQueen waived the preliminary hearing, and
the parties consented to proceed immediately with the
revocation hearing before the undersigned.
McQueen admitted that he violated the conditions of his
supervised release as alleged in violations 1 through 4. Due
to the pending nature of the charge in violation 5, Mr.
McQueen neither admitted nor denied the violation. The United
States did not put on any evidence as to violation 5, and
therefore has not met its burden with respect to that
violation. The admitted violations are serious and warrant
revocation of Mr. McQueen's supervised release.
McQueen'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 24 months. He
could be ordered to remain on supervised release for
fifty-seven months, less any custody time imposed. The ...