United States District Court, D. Montana, Billings Division
FINDINGS AND RECOMMENDATIONS
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.
pleaded guilty to escape in 1990. The Court sentenced Hall to
30 months of custody, followed by 60 months of supervised
release on June 20, 1990. (Doc. 56 in Cause CV 90-17-GF-BMM).
The Court ordered that the 30-month sentence run concurrent
with Hall's sentence in Cause CV 90-17-GF-BMM.
Id. Hall's current term of supervised release
began on June 1, 2018. (Doc. 33 at 2).
United States Probation Office filed a Petition requesting
that the Court revoke Hall's supervised release on
September 18, 2018. (Doc. 33). 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. 33 at 2-3).
United States District Judge Brian Morris issued a warrant
for Hall's arrest on September 18, 2018. (Doc. 34).
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.
Court conducted a joint revocation hearing in this case and
in Cause CR 90-17-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
violation is a Grade C violation. Hall's criminal history
category is IV. Hall's underlying offense is a Class B
felony. Hall could be incarcerated for up to 24 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 90-17-GF-BMM.
requested a term of custody within the applicable guideline
range, with no supervised release to follow. The government
requested a sentence within the guideline range.
supervised release should be revoked. Hall should be
incarcerated for 9 months, with 36 months of supervised
release to follow. The supervised release conditions imposed
previously should be continued. The Court should consider an
early termination of Hall's supervised release if he
successfully completes sex offender ...