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 Chanler Chaze Whitegrass of violating
his conditions of supervised release by 1) failing to
maintain employment, 2) failing to notify the probation
office of a change in address, 3) consuming alcohol, 4)
failing to maintain employment, and 5) failure to follow the
instructions of the probation office. He admitted to
violations 2 through 5. Mr. Whitegrass's supervised
release should be revoked. He should be sentenced to six
months in custody, with twenty-eight months of supervised
release to follow.
September 24, 2015, United States District Judge Brian Morris
sentenced Mr. Whitegrass to twenty-two months in custody,
with thirty-six months of supervised release to follow, after
he pleaded guilty to Strangulation. (Doc. 27). Mr. Whitegrass
began his original term of supervised release on December 8,
6, 2017, a non-compliance hearing was held, alleging that Mr.
Whitegrass had violated the conditions of his supervision by
failing to report for random drug testing, failure to report
for substance abuse treatment, failure to maintain
employment, failure to notify his probation officer of a
change in employment, association with a convicted felon, a
citation for having an open container and consuming alcohol
on four separate occasions. (See Doc. 32). Mr.
Whitegrass admitted to these violations, and on July 17,
Judge Morris ordered a modification of conditions to include
three months of electronic monitoring supervision. (Doc. 31).
October 30, 2017, the Court revoked Mr. Whitegrass's
supervised release based on Mr. Whitegrass's failure to
report for substance abuse testing, failure to report, and
failure to notify his probation officer of a change in
residence, and sentenced him to two months custody with
thirty-four months of supervised release to follow. (Doc.
42). Mr. Whitegrass began his current term of supervised
release on October 31, 2017.
10, 2018, the Probation Office filed a Petition asking the
Court to revoke Mr. Whitegrass's supervised release. The
petition alleged that on February 6, 2018, Mr. Whitegrass was
terminated from FT Soutions due to poor performance and
allegedly throwing a hammer at his supervisor. The petition
further alleged that on May 3, 2018, Mr. Whitegrass's
probation officer attempted to visit him at his listed
address, but that Mr. Whitegrass had moved out without
informing the officer. Also, the petition alleged that on May
4, 2018, Mr. Whitegrass was found intoxicated and asleep
behind a Conoco Travel Post, and that his BAC was .247. The
petition also alleged that on May 7, 2018, Mr. Whitegrass was
terminated from his employment at Empire Roofing due to
unexcused absences. Finally, the petition alleged that on May
7, 2018, Mr. Whitegrass failed to appear at the probation
office as instructed. (Doc. 44). Based on the petition, Judge
Morris issued a warrant for Mr. Whitegrass's arrest.
Whitegrass appeared before the undersigned on July 10, 2018,
in Great Falls, Montana. Federal Defender Hank Branom
accompanied him at the initial appearance. Assistant United
States Attorney Ryan Weldon represented the United States.
Whitegrass said he had read the petition and understood the
allegations. He waived the preliminary hearing, and the
parties consented to proceeding before the undersigned.
Whitegrass admitted to the violations as set forth in
violations 2 through 5 in the petition. The United States did
not put on any evidence in support of violation 1, which Mr.
Whitegrass denied, and did not meet its burden with respect
to violation 1. The ...