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United States v. Runningcrane

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

January 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SEIVERT DAYDRILL RUNNINGCRANE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Seivert Daydrill RunningCrane (RunningCrane) has been accused of violating the conditions of his supervised release. RunningCrane admitted the alleged violations. RunningCrane's supervised release should be revoked. RunningCrane should be placed in custody for 7 months, with 29 months of supervised release to follow. RunningCrane should begin his term of supervised release with a 2-month placement at Connections Corrections in Butte, Montana.

         II. Status

         A jury found RunningCrane guilty of Assault Resulting in Serious Bodily Injury following a trial on May 10, 2016. (Doc. 69). The Court sentenced RunningCrane to 31 months of custody, followed by 3 years of supervised release. (Doc. 101). RunningCrane's current term of supervised release began on August 3, 2018. (Doc, 146 at 1).

         Petition

         The United States Probation Office filed a Second Amended Petition on December 26, 2018, requesting that the Court revoke RunningCrane's supervised release. (Doc. 146). The Petition alleges that RunningCrane violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to report to his probation officer as directed; 3) by failing to notify his probation officer of a change in residence; 4) by committing another crime; 5) by using a controlled substance; and 6) by consuming alcohol. (Doc. 146 at 2-5). United States District Judge Brian Morris issued a warrant for RunningCrane's arrest.

         Initial appearance

         RunningCrane appeared before the undersigned for his initial appearance on January 10, 2019. RunningCrane was represented by counsel. RunningCrane stated that he had read the petition and that he understood the allegations. RunningCrane 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 10, 2019. RunningCrane admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to report to his probation officer as directed; 3) by failing to notify his probation officer of a change in residence; 4) by committing another crime; 5) by using a controlled substance; and 6) by consuming alcohol. The violations are serious and warrant revocation of RunningCrane's supervised release.

         RunningCrane's violation is a Grade C violation. RunningCrane's criminal history category is III. RunningCrane's underlying offense is a Class C felony. RunningCrane could be incarcerated for up to 24 months. He 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 5 to 11 months.

         RunningCrane requested a term of custody at the low end of the guideline range. The government requested a term of custody of 9 months.

         III. ...


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