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United States v. McConnell

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

August 2, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES MCCONNELL, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         The United States accused Mr. McConnell of violating his conditions of supervised release by 1) possessing a controlled substance on February 20, 2018, 2) using a controlled substance on February 20, 2018, 3) possessing a controlled substance on June 20, 2018, 4) using a controlled substance on June 20, 2018, 5) committing another crime, 6) possessing a controlled substance on June 27, 2018, 7) using a controlled substance on June 27, 2018, and 8) failing to participate in substance abuse treatment. He admitted to violations 1-4 and 6-8, but neither admitted nor denied violation 5. Mr. McConnell's supervised release should be revoked. He should be sentenced to seven months of custody, with forty-six months of supervised release to follow. In accordance with the conditions of supervised release previously imposed, the Court recommends that if Mr. McConnell is eligible, he should spend the first sixty days of his supervised release in an inpatient substance abuse treatment facility.

         II. Status

         Mr. McConnell pleaded guilty in 2013 to Failure to Register as a Sex Offender in the District of North Dakota. (Doc. 2-3). He was sentenced to twenty-four months in custody, with credit for time served, and sixty months of supervised release. (Doc. 2-2). His first term of supervised release began on April 30, 2015. (Doc. 3).

         United States District Judge Brian Morris revoked Mr. McConnell's supervised release on August 6, 2015, because he used alcohol and committed new crimes. (Doc. 16). Judge Morris sentenced him to twelve months in custody, with sixty months of supervised release to follow. (Id.) Mr. McConnell's subsequent term of supervised release began on June 22, 2016.

         The United States Probation Office filed a Report on Offender Under Supervision on December 5, 2016, notifying the Court that Mr. McConnell was convicted of disorderly conduct. (Doc. 25). Judge Morris allowed him to continue his supervised release.

         On July 6, 2017, the Probation Office filed a petition asking the Court to revoke Mr. McConnell's supervised release based on his use of methamphetamine and failure to report for substance abuse testing. (Doc. 29). Mr. McConnell was sentenced to seven months custody, with fifty-three months of supervised release to follow. (Doc. 38). He began his current term of supervised release on January 26, 2018.

         Petition

         On July 5, 2018, the United States Probation Office filed a petition seeking to revoke Mr. McConnell's supervised release. The petition alleged as follows:

1. Possession of a controlled substance;
2. Use of a controlled substance: On February 20, 2018, Mr. McConnell submitted a urine sample which tested positive for amphetamine and methamphetamine;
3. Possession of a controlled substance;
4. Use of a controlled substance: On June 20, 2018, Mr. McConnell submitted a urine sample which tested positive for methamphetamine, and also signed an admission form admitting ...

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