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United States v. Rider

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

December 7, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LOREN JAMES RIDER, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES DISTRICT JUDGE.

         I. Synopsis

         Defendant 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.

         II. Status

         Rider 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).

         Petition

         The 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. 139).

         Initial appearance

         Rider 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.

         Revocation hearing

         The 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.

         Rider's 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.

         Rider requested a term of custody no greater than 6 months. The government requested a term of custody at the high-end of the guideline range.

         III. ...


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