United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
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.
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).
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).
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.
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
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.
supervised release should be revoked. Creemedicine should
receive a term of custody of 5 months, with no supervised
release to follow. This ...