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United States v. Mitchell

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

November 28, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN GERARD MITCHELL, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant Kevin Gerard Mitchell (Mitchell) has been accused of violating the conditions of his supervised release. Mitchell's supervised release should be revoked. Mitchell should be placed in custody for 4 months, with 50 months of supervised release to follow.

         II. Status

         Mitchell pleaded guilty to Aggravated Sexual Abuse on March 14, 2007. (Doc. 18). The Court sentenced Mitchell to 151 months of custody, followed by 5 years of supervised release. (Doc. 26). Mitchell's current term of supervised release began on August 17, 2018. (Doc. 42 at 1).

         Petition

         The United States Probation Office filed a Petition on October 10, 2018, requesting that the Court revoke Mitchell's supervised release. (Doc. 42). The Petition alleges that Mitchell violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; 2) by failing to report for substance abuse testing; 3) by consuming alcohol; and 4) by failing to report for sex offender treatment. (Doc. 42 at 2). United States District Judge Brian Morris issued a warrant for Mitchell's arrest on October 10, 2018. (Doc. 43).

         Initial appearance

         Mitchell appeared before the undersigned for his initial appearance on October 23, 2018. (Doc. 44). Mitchell was represented by counsel. Mitchell stated that he had read the petition and that he understood the allegations. Mitchell 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 revocation hearing on November 27, 2018. The government met its burden of proof with respect to all of the alleged violations. The violations are serious and warrant revocation of Mitchell's supervised release.

         Mitchell's violation is a Grade C violation. Mitchell's criminal history category is II. Mitchell's underlying offense is a Class A felony. Mitchell could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 56 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         Mitchell requested a term of custody of time served. The government requested a guideline sentence.

         III. ...


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