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United States v. Madplume

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

December 12, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DEAN MADPLUME, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant 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.

         II. Status

         Madplume 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).

         Petition

         The 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).

         Initial appearance

         Madplume 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.

         Revocation hearing

         The 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.

         Madplume's 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.

         Madplume 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.

         III. ...


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