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United States v. Bird Rattler

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

October 18, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CLARENCE L. BIRD RATTLER, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant 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 52 months of supervised release to follow.

         II. Status

         Bird Rattler pleaded guilty to Second Degree Murder on September 5, 2003. (Doc. 19). The Court sentenced Bird Rattler to 151 months of custody, followed by 60 months of supervised release. (Doc. 25). Bird Rattler's current term of supervised release began on September 12, 2017. (Doc. 37 at 1).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Bird Rattler's supervised release on September 7, 2018. (Doc. 37). The Petition alleges that Bird Rattler violated the conditions of his supervised release by consuming alcohol. (Doc. 37 at 2). United States District Judge Brian Morris issued a warrant for Bird Rattler's arrest on September 17, 2018. (Doc. 38).

         Initial appearance

         Bird 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.

         Revocation hearing

         The Court conducted a joint revocation hearing in this case and in Cause CR 02-55-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.

         Bird Rattler's violation is a Grade C violation. Bird Rattler's criminal history category is III. Bird Rattler's underlying offense is a Class A felony. Bird Rattler could be incarcerated for up to 60 months. He 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 in this case, and a term of custody of 5 to 11 months in Cause CR 02-55-GF-BMM.

         Bird 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.

         III. ...


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