United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston, United States Magistrate Judge.
Moriah Melissa Ojeda (Ojeda) has been accused of violating
the conditions of her supervised release. Ojeda admitted the
alleged violations. Ojeda's supervised release should be
revoked. Ojeda should receive a term of custody of time
served, with 28 months of supervised release to follow.
pleaded guilty to Assault Resulting in Serious Bodily Injury
on July 7, 2011. (Doc. 22). The Court sentenced Ojeda to 76
months of custody, followed by 3 years of supervised release.
(Doc. 38). Ojeda's current term of supervised release
began on September 27, 2017. (Doc. 52 at 1).
United States Probation Office filed a Petition on June 20,
2018, requesting that the Court revoke Ojeda's supervised
release. (Doc. 52). The Petition alleges that Ojeda violated
the conditions of her supervised release: 1) by committing
another crime; and 2) by using methamphetamine. (Doc. 52 at
2). United States District Judge Brian Morris issued a
warrant for Ojeda's arrest on June 20, 2018. (Doc. 53).
appeared before the undersigned for her initial appearance on
July 10, 2018. (Doc. 56). Ojeda was represented by counsel.
Ojeda stated that she had read the petition and that she
understood the allegations. Ojeda waived her right to a
preliminary hearing. The parties consented to proceed with
the revocation hearing before the undersigned.
Court conducted a revocation hearing on July 10, 2018, and on
January 3, 2019. Ojeda admitted that she had violated the
conditions of her supervised release: 1) by committing
another crime; and 2) by using methamphetamine. The
violations are serious and warrant revocation of Ojeda's
violation is a Grade C violation. Ojeda's criminal
history category is V. Ojeda's underlying offense is a
Class C felony. Ojeda could be incarcerated for up to 24
months. Ojeda could be ordered to remain on supervised
release for up to 36 months, less any custody time imposed.
The United States Sentencing Guidelines call for a term of
custody of 7 to 13 months.
requested a term of custody of time served. The government
requested a term of custody of time served.