United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
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.
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).
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).
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).
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
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.
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 ...