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United States v. Hall

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

October 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ELWOOD G. HALL, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Elwood G. Hall (Hall) has been accused of violating the conditions of his supervised release. Hall has admitted all of the alleged violations. Hall's supervised release should be revoked. Hall should be placed in custody for 9 months, with 36 months of supervised release to follow. The Court should consider an early termination of Hall's supervised release if he successfully completes sex offender treatment while on supervised release.

         II. Status

         Hall was convicted of two counts of Aggravated Sexual Abuse following a jury trial. The Court sentenced Hall to 360 months of custody, followed by 60 months of supervised release. (Doc. 56). Hall later pleaded guilty to Escape in Cause CV 90-24-GF-BMM. The Court sentenced Hall to 30 months of custody, followed by 60 months of supervised release in Cause CV 90-24-GF-BMM. (Doc. 56). Hall's current term of supervised release began on June 1, 2018. (Doc. 105 at 2).

         Petition

          The United States Probation Office filed a Petition requesting that the Court revoke Hall's supervised release on September 18, 2018. (Doc. 105). The Petition alleges that Hall violated the conditions of his supervised release: 1) by using methamphetamine; 2) by failing to complete sex offender treatment; and 3) by consuming alcohol. (Doc. 105 at 2-3). United States District Judge Brian Morris issued a warrant for Hall's arrest on September 18, 2018. (Doc. 106).

         Initial appearance

          Hall appeared before the undersigned for his initial appearance on October 9, 2018. Hall was represented by Rachel Julagay, Esq. Hall stated that he had read the petition and that he understood the allegations. Hall 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 90-24-GF-BMM on October 23, 2018. Hall admitted that he had violated the conditions of his supervised release by using methamphetamine, by failing to complete sex offender treatment, and by consuming alcohol. The violations are serious and warrant revocation of Hall's supervised release.

         Hall's violation is a Grade C violation. Hall's criminal history category is IV. Hall's underlying offense is a Class A felony. Hall could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 45 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months in this case and in Cause CR 90-24-GF-BMM.

         Hall requested a term of custody within the applicable guideline range, with no supervised release to follow. The government requested a term of custody within the guideline range.

         III. ...


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