United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
Clarence L. Bird Rattler, Jr. (Bird Rattler) has been accused
of violating the conditions of his supervised release. Bird
Rattler admitted the alleged violation. Bird Rattler's
supervised release should be revoked. Bird Rattler should be
placed in custody for 8 months, with 28 months of supervised
release to follow.
Rattler pleaded guilty to Robbery on July 24, 2002. (Doc.
10). The Court sentenced Bird Rattler to 44 months of
custody, followed by 3 years of supervised release. (Doc.
17). Bird Rattler's current term of supervised release
began on September 12, 2017. (Doc. 30 at 1).
United States Probation Office filed a Petition requesting
that the Court revoke Bird Rattler's supervised release
on September 7, 2018. (Doc. 30). The Petition alleges that
Bird Rattler violated the conditions of his supervised
release by consuming alcohol. (Doc. 30 at 2). United States
District Judge Brian Morris issued a warrant for Bird
Rattler's arrest on September 17, 2018. (Doc. 31).
Rattler appeared before the undersigned for his initial
appearance on September 25, 2018. Bird Rattler was
represented by counsel. Bird Rattler stated that he had read
the petition and that he understood the allegations. Bird
Rattler waived his right to a preliminary hearing. The
parties consented to proceed with the revocation hearing
before the undersigned.
Court conducted a joint revocation hearing in this case and
in Cause CR 03-76-GF-BMM on October 16, 2018. Bird Rattler
admitted that he had violated the conditions of his
supervised release by consuming alcohol. The government
presented evidence that Bird Rattler was intoxicated on
September 1, 2018. The violation is serious and warrants
revocation of Bird Rattler's supervised release.
Rattler's violation is a Grade C violation. Bird
Rattler's criminal history category is III. Bird
Rattler's underlying offense is a Class C felony. Bird
Rattler could be incarcerated for up to 36 months. He could
be ordered to remain on supervised release for up to 36
months, less any custody time imposed. The United States
Sentencing Guidelines call for a term of custody of 5 to 11
months in this case and in Cause CR 03-76-GF-BMM.
Rattler requested a custodial sentence of 6 to 7 months. Bird
Rattler admitted that he needs substance abuse treatment.
Bird Rattler requested that he be placed in a Residential
Reentry Center while on supervised release. The government
requested a sentence within the applicable guideline range.