United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge
Dean Madplume (Madplume) has been accused of violating the
conditions of his supervised release. Madplume admitted the
alleged violations. Madplume's supervised release should
be revoked. Madplume should be placed in custody for 6
months, with no supervised release to follow. Madplume should
serve is term of custody at the Bureau of Prisons'
facility at SeaTac, Washington.
pleaded guilty to Assault Resulting in Serious Bodily Injury
on April 21, 2015. (Doc. 19). The Court sentenced Madplume to
25 months of custody, followed by 3 years of supervised
release. (Doc. 21). Madplume's current term of supervised
release began on December 1, 2018. (Doc. 69 at 3).
United States Probation Office filed a Petition on December
7, 2018, requesting that the Court revoke Madplume's
supervised release. (Doc. 69). The Petition alleges that
Madplume violated the conditions of his supervised release:
1) by failing to complete an inpatient drug treatment
program; and 2) by using a drug that was not prescribed to
him. (Doc. 58 at 2-3). United States District Judge Brian
Morris issued a warrant for Madplume's arrest on December
7, 2018. (Doc. 70).
appeared before the undersigned for his initial appearance on
December 11, 2018. Madplume was represented by counsel.
Madplume stated that he had read the petition and that he
understood the allegations. Madplume 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 11, 2018.
Madplume admitted that he had violated the conditions of his
supervised release: 1) by failing to complete an inpatient
drug treatment program; and 2) by using a drug that was not
prescribed to him. The violations are serious and warrant
revocation of Madplume's supervised release.
violation is a Grade C violation. Madplume's criminal
history category is II. Madplume's underlying offense is
a Class C felony. Madplume could be incarcerated for up to 24
months. Madplume could be ordered to remain on supervised
release for up to 24 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 at the low-end of guideline
range. The government requested a term of custody at the
high-end of the guideline range.