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United States v. Fortin

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

January 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
VINCENT MATTHEW FORTIN, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnson United States Magistrate Judge

         I. Synopsis

         Defendant Vincent Matthew Fortin (Fortin) has been accused of violating the conditions of his supervised release. Fortin admitted the alleged violations. Fortin's supervised release should be revoked. Fortin should serve a term of custody of one day, deemed satisfied by his participation in the booking process with the United States Marshals Service on January 10, 2019. This term of custody should be followed by supervised release until July 20, 2019.

         II. Status

         Fortin pleaded guilty to Domestic Abuse by a Habitual Offender on March 1, 2012. (Doc. 23). The Court sentenced Fortin to 41 months of custody, followed by 3 years of supervised release. (Doc. 33). Fortin's current term of supervised release began on January 20, 2016. (Doc. 38 at 1).

         Petition

         The United States Probation Office filed a Petition on December 12, 2018, requesting that the Court revoke Fortin's supervised release. (Doc. 38). The Petition alleges that Fortin violated the conditions of his supervised release: 1) by failing to participate in a mental health treatment program; and 2) by failing to report to his probation officer as directed. (Doc. 38 at 1-2).

         Initial appearance

         Fortin appeared before the undersigned for his initial appearance on January 10, 2019. Fortin was represented by counsel. Fortin stated that he had read the petition and that he understood the allegations. Fortin 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. Fortin admitted that he had violated the conditions of his supervised release: 1) by failing to participate in a mental health treatment program; and 2) by failing to report to his probation officer as directed. The violations are serious and warrant revocation of Fortin's supervised release.

         Fortin's violation is a Grade C violation. Fortin's criminal history category is II. Fortin's underlying offense is a Class D felony. Fortin 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 4 to 10 months.

         III. Analysis

         Fortin's current term of supervised release should be revoked. Fortin should serve a term of custody of one day, deemed satisfied by his participation in the booking process with the United States Marshals Service on January 10, 2019. This term of custody should be followed by supervised release until July 20, 2019. The conditions of supervised release ...


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