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United States v. Ojeda

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

January 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MORIAH MELISSA OJEDA, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         Defendant 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.

         II. Status

         Ojeda 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).

         Petition

         The 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).

         Initial appearance

         Ojeda 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.

         Revocation hearing

         The 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 supervised release.

         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.

         Ojeda requested a term of custody of time served. The government requested a term of custody of time served.

         III. ...


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