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United States v. Parker

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

December 4, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JAMES MICHAEL PARKER, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant James Michael Parker (Parker) has been accused of violating the conditions of his supervised release. Parker admitted three of the four alleged violations. Parker's supervised release should be revoked. Parker should be placed in custody for a period of time served, with 16 months of supervised release to follow.

         II. Status

         Parker pleaded guilty to being a Felon in Possession of a Firearm on July 26, 2011. (Doc. 16). The Court sentenced Parker to 71 months of custody, followed by 3 years of supervised release. (Doc. 23). Parker's current term of supervised release began on September 13, 2017. (Doc. 60 at 2).

         Petition

         The United States Probation Office filed a Petition on March 23, 2018, requesting that the Court revoke Parker's supervised release. (Doc. 60). The Petition alleges that Parker violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by consuming alcohol; and 3) by committing another crime. (Doc. 60 at 2). United States District Judge Brian Morris issued a warrant for Parker's arrest on March 23, 2018. (Doc. 61).

         Initial appearance

         Parker appeared before the undersigned for his initial appearance on March 27, 2018. (Doc. 62). Parker was represented by counsel. Parker's counsel expressed concerns about Parker's competency. Id. The Court ordered that Parker undergo competency restoration procedures at a federal medical facility. Id. The competency restoration procedures have been completed. The United States Medical Center for Federal Prisoners informed the Court on October 23, 2018, that Parker was competent to proceed with his revocation hearing. (Doc. 70).

         Revocation hearing

          The Court conducted a revocation hearing on November 29, 2018. Parker stated that he had read the petition and that he understood the allegations. Parker waived his right to a preliminary hearing. The parties consented to proceed with the revocation hearing before the undersigned. Parker admitted that he had violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; and 2) by consuming alcohol. Parker did not admit or deny that he had committed another crime. The government did not attempt to prove that Parker had committed another crime. The violations that Parker has admitted are serious and warrant revocation of Parker's supervised release.

         Parker's violation is a Grade C violation. Parker's criminal history category is IV. Parker's underlying offense is a Class C felony. Parker could be incarcerated for up to 24 months. Parker could be ordered to remain on supervised release for up to 25 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months. Both Parker and the government requested a term of custody of time served.

         III. Analysis

         Parker's supervised release should be revoked. Parker should receive a custodial sentence of time served, with 16 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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