United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
Devin Hall (Hall) has been accused of violating the
conditions of his supervised release. Hall admitted the
alleged violation. Hall's supervised release should be
revoked. Hall should be placed in custody for 5 months, with
no supervised release to follow.
pleaded guilty to four counts of Burglary on October 26,
2010. (Doc. 29). The Court sentenced Hall to 60 months of
custody, followed by 3 years of supervised release. (Doc.
36). Hall's current term of supervised release began on
November 5, 2018. (Doc. 96 at 2).
United States Probation Office filed a Petition on December
4, 2018, requesting that the Court revoke Hall's
supervised release. (Doc. 96). The Petition alleges that Hall
violated the conditions of his supervised release by failing
to report to the United States Probation Office within 72
hours of his release from custody. (Doc. 96 at 2). United
States District Judge Brian Morris issued a warrant for
Hall's arrest on December 4, 2018. (Doc. 97).
appeared before the undersigned for his initial appearance on
January 3, 2019. Hall was represented by counsel. Hall stated
that he had read the petition and that he understood the
allegations. Hall 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 January 3, 2019. Hall
admitted that he had violated the conditions of his
supervised release by failing to report to the United States
Probation Office within 72 hours of his release from custody.
The violation is serious and warrants revocation of
Hall's supervised release.
violation is a Grade C violation. Hall's criminal history
category is I. Hall's underlying offenses are Class C
felonies. Hall could be incarcerated for up to 24 months. He
could be ordered to remain on supervised release for up to 11
months, less any custody time imposed. The United States
Sentencing Guidelines call for a term of custody of 3 to 9
requested a term of custody of 5 months. Hall requested that
he serve his term of custody at the Bureau of Prison's
facility in Butner, North Carolina. The government requested
a term of custody of 6 to 9 months.