United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES DISTRICT JUDGE.
Loren James Rider (Rider) has been accused of violating the
conditions of his supervised release. Rider admitted the
alleged violations. Rider's supervised release should be
revoked. Rider should be placed in custody for 6 months, with
27 months of supervised release to follow.
pleaded guilty to Assault Resulting in Serious Bodily Injury
on April 26, 2016. (Doc. 51). The Court sentenced Rider to 25
months of custody, followed by 3 years of supervised release.
(Doc. 96). Rider's current term of supervised release
began on July 25, 2018. (Doc. 138 at 1).
United States Probation Office filed a Petition on November
6, 2018, requesting that the Court revoke Rider's
supervised release. (Doc. 138). The Petition alleges that
Rider violated the conditions of his supervised release: 1)
by failing to report for substance abuse treatment; 2) by
failing to report to his probation officer as directed; and
3) by failing to report for substance abuse testing. (Doc.
138 at 2). United States District Judge Brian Morris issued a
warrant for Rider's arrest on November 6, 2018. (Doc.
appeared before the undersigned for his initial appearance on
December 6, 2018. Rider was represented by counsel. Rider
stated that he had read the petition and that he understood
the allegations. Rider 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 December 6, 2018.
Rider admitted that he had violated the conditions of his
supervised release: 1) by failing to report for substance
abuse treatment; 2) by failing to report to his probation
officer as directed; and 3) by failing to report for
substance abuse testing. The violations are serious and
warrant revocation of Rider's supervised release.
violation is a Grade C violation. Rider's criminal
history category is IV. Rider's underlying offense is a
Class C felony. Rider could be incarcerated for up to 24
months. Rider could be ordered to remain on supervised
release for up to 33 months, less any custody time imposed.
The United States Sentencing Guidelines call for a term of
custody of 6 to 12 months.
requested a term of custody no greater than 6 months. The
government requested a term of custody at the high-end of the