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United States v. Lynn

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

February 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHNNY LYNN OLD CHIEF, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Johnny Lynn Old Chief (Old Chief) has been accused of violating the conditions of his supervised release by using methamphetamine, and by committing another crime. Old Chief admitted that he had used methamphetamine. The government made no attempt to prove that Old Chief had committed another crime. Old Chiefs supervised release should be revoked. Old Chief should be placed in custody for 5 months, with no supervised release to follow.

         II. Status

         Old Chief was found guilty of Assault with a Dangerous Weapon on May 7, 2008, following a jury trial. (Doc. 51). The Court sentenced Old Chief to 120 months of custody, followed by 3 years of supervised release. (Doc. 73). Old Chiefs current term of supervised release began on July 20, 2018. (Doc. 154 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Old Chiefs supervised release on January 7, 2019. (Doc. 148). The Petition alleged that Old Chief had violated the conditions of his supervised release by using methamphetamine, and by committing another crime. United States District Brian M. Morris issued a warrant for Old Chiefs arrest on January 7, 2019. (Doc. 149).

         Initial appearance

         Old Chief appeared before the undersigned for his initial appearance on January 15, 2019. (Doc. 151). Old Chief was represented by counsel. Old Chief stated that he had read the petition and that he understood the allegations. Old Chief 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, and on February 5, 2019. Old Chief admitted that he had violated the conditions of his supervised release by using methamphetamine. The government made no attempt to prove that Old Chief had committed another crime.

         Old Chiefs supervised release violation is a Grade C violation. Old Chiefs criminal history category is VI. Old Chiefs underlying offense is a Class C felony. Old Chief could be incarcerated for up to 24 months. He could be ed to remain on supervised release for up to 16 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 8 to 14 months.

         III. Analysis

         Old Chiefs supervised release should be revoked. Old Chief should be incarcerated for 5 months, with no supervised release to follow. This sentence ...


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