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United States v. Beauchamp

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

January 30, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PATRICK BEAUCHAMP, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Patrick Beauchamp (Beauchamp) has been accused of violating the conditions of his supervised release. Beauchamp admitted the alleged violations. Beauchamp's supervised release should be revoked. Beauchamp should be placed in custody for 6 months, with 6 months of supervised release to follow. Beauchamp should spend his 6-month term of supervised release at a Residential Re-Entry Center.

         II. Status

         Beauchamp pleaded guilty to Robbery on April 20, 2015. (Doc. 96). The Court sentenced Beauchamp to 34 months of custody, followed by 2 years of supervised release. (Doc. 124). Beauchamp's current term of supervised release began on August 1, 2018. (Doc. 181 at 2).

         Petition

         The United States Probation Office filed a Petition on January 14, 2019, requesting that the Court revoke Beauchamp's supervised release. (Doc. 181). The Petition alleges that Beauchamp violated the conditions of his supervised release: 1) by interacting with a person convicted of a felony without first obtaining the permission of his probation officer; 2) by failing to report for substance abuse testing; 3) by failing to report for substance abuse treatment; 4) by failing to maintain full-time employment; and 5) by using controlled substances. (Doc. 181 at 2-3). United States District Judge Brian Morris issued a warrant for Beauchamp's arrest. (Doc. 182).

         Initial appearance

         Beauchamp appeared before the undersigned for his initial appearance on January 29, 2019. Beauchamp was represented by counsel. Beauchamp stated that he had read the petition and that he understood the allegations. Beauchamp 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 29, 2019. Beauchamp admitted that he had violated the conditions of his supervised release: 1) by interacting with a person convicted of a felony without first obtaining the permission of his probation officer; 2) by failing to report for substance abuse testing; 3) by failing to report for substance abuse treatment; 4) by failing to maintain full-time employment; and 5) by using controlled substances. The violations are serious and warrant revocation of Beauchamp's supervised release.

         Beauchamp's violations are Grade C violations. Beauchamp's criminal history category is I. Beauchamp's underlying offense is a Class C felony. Beauchamp could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 20 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Beauchamp's supervised release should be revoked. Beauchamp should be incarcerated for 6 months, with 6 months of supervised release to follow. Beauchamp should spend his 6-month term of supervised release at a Residential Re-Entry Center. The supervised release conditions imposed previously ...


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