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United States v. Day

United States District Court, D. Montana, Billings Division

September 7, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MARY ROSE DAY, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Mary Day (Day) has been accused of violating the conditions of her supervised release by using methamphetamine, by consuming alcohol, by failing to appear for substance abuse testing, by failing to attend mental health treatment sessions, by failing to successfully complete a substance abuse treatment program, by failing to notify her probation officer of a change in residence, by using marijuana, and by failing to report to her probation officer. Day has admitted all of the alleged violations except one. Day denied that she failed to appear for substance abuse testing. Day's supervised release should be revoked. Day should be placed in custody for 5 months, with 55 months of supervised release to follow.

         II. Status

         Day pleaded guilty to Possession with Intent to Distribute Methamphetamine on January 10, 2014. (Doc. 19). The Court sentenced Day to 60 months of custody, followed by 5 years of supervised release. (Doc. 30). Day's term of supervised release began on May 31, 2017. (Doc. 33 at 1), Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Day's supervised release on June 25, 2018. (Doc. 33). The Petition alleged that Day violated the conditions of her supervised release by using methamphetamine, by consuming alcohol, by failing to appear for substance abuse testing, by failing to attend mental health treatment sessions, by failing to successfully complete a substance abuse treatment program, by failing to notify her probation officer of a change in residence, by using marijuana, and by failing to report to her probation officer. United States District Judge Susan P. Watters issued a warrant for Day's arrest on June 25, 2018. (Doc. 34).

         Initial appearance

         Day appeared before the undersigned for her initial appearance on September 4, 2018. (Doc. 36). Day was represented by Rachel Julagay, Esq. Day stated that she had read the petition and that she understood the allegations. Day waived her right to a preliminary hearing. The parties consented to proceed with the revocation hearing before the undersigned.

         Revocation hearing

         The Court conducted a revocation hearing on September 4, 2018. Day admitted that she had violated the conditions of his supervised release by using methamphetamine, by consuming alcohol, by failing to attend mental health treatment sessions, by failing to successfully complete a substance abuse treatment program, by failing to notify her probation officer of a change in residence, by using marijuana, and by failing to report to her probation officer. The violations are serious and warrant revocation of Day's supervised release.

         Day's violation is a Grade C violation. Day's criminal history category is III. Day's underlying offense is a Class B felony. Day could be incarcerated for up to 36 months. She could be ordered to remain on supervised release for up to 60 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 5 to 11 months.

         Day requested a term of custody at or below the guideline range. Day requested that she be allowed to reside at a sober living facility in Yellowstone County, Montana, while on supervised release. The Government requested a sentence within the guideline range.

         III. Analysis

         Day's supervised release should be revoked. Day should be incarcerated for 5 months, with 55 months of supervised release to follow. This sentence is sufficient but not greater than necessary. Day should be incarcerated in Yellowstone County, Montana, if possible. The supervised release conditions imposed previously should be continued. Consistent with Special Condition No. 1, Day should reside at a sober ...


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