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United States v. Creemedicine

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

January 16, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSEPH WAYNE CREEMEDICINE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Joseph Wayne Creemedicine (Creemedicine) has been accused of violating a condition of his supervised release. Creemedicine admitted the alleged violation. Creemedicine's supervised release should be revoked. Creemedicine should receive a term of custody of 5 months, with no supervised release to follow. Creemedicine should receive credit for time served from September 23, 2018.

         II. Status

         Creemedicine pleaded guilty to 2 counts of Assault Resulting in Serious Bodily Injury on September 12, 2012. (Doc. 26). The Court sentenced Creemedicine to 35 months of custody, followed by 24 months of supervised release. (Doc. 37).

         Petition

         The United States Probation Office filed a Petition on September 27, 2018, requesting that the Court revoke Creemedicine's supervised release. (Doc. 82). The Petition alleges that Creemedicine violated the conditions of his supervised release by consuming alcohol. (Doc. 82 at 3). United States District Judge Brian Morris issued a warrant for Creemedicine's arrest on September 27, 2018. (Doc. 83).

         Initial appearance

         Creemedicine appeared before the undersigned for his initial appearance on January 15, 2019. Creemedicine was represented by counsel. Creemedicine stated that he had read the petition and that he understood the allegation. Creemedicine 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 15, 2019. Creemedicine admitted that he had violated the conditions of his supervised release by consuming alcohol. The violation is serious and warrants revocation of Creemedicine's supervised release.

         Creemedicine's violation is a Grade C violation. Creemedicine's criminal history category is II. Creemedicine's underlying offenses are Class C felonies. Creemedicine could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 14 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Creemedicine's supervised release should be revoked. Creemedicine should receive a term of custody of 5 months, with no supervised release to follow. This ...


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