United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge.
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.
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).
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).
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.
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.
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.
requested a term of custody of time served. The government
requested a guideline sentence.