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United States v. Hall

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

January 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DEVIN HALL, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Hall 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).

         Petition

         The 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).

         Initial appearance

         Hall 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.

         Revocation hearing

         The 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.

         Hall's 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 months.

         Hall 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.

         III. ...


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