United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge.
Elaine Fast Horse (Fast Horse) has been accused of violating
the conditions of her supervised release by using a
controlled substance, and by failing to successfully complete
her programming at the Great Falls Transition Center. Fast
Horse has admitted the alleged violations. Fast Horse's
supervised release should be revoked. Fast Horse should be
incarcerated for 5 months, with 25 months of supervised
release to follow. Fast Horse should serve her term of
custody at the Federal Detention Center in SeaTac,
Horse pleaded guilty to Assault with a Dangerous Weapon on
September 9, 2014. (Doc. 31). The Court sentenced Fast Horse
to 28 months of custody, followed by 3 years of supervised
release. (Doc. 37). Fast Horse's term of supervised
release began on December 14, 2018. (Doc. 71 at 2).
United States Probation Office filed a Petition requesting
that the Court revoke Fast Horse's supervised release on
January 17, 2019. (Doc. 71). The Petition alleged that Fast
Horse violated the conditions of her supervised release by
using a controlled substance, and by failing to successfully
complete her programming at the Great Falls Transition
Center. United States District Judge Brian M. Morris issued a
warrant for Fast Horse's arrest on January 17, 2019.
Horse appeared before the undersigned for her initial
appearance on February 5, 2019. Fast Horse was represented by
counsel. Fast Horse stated that she had read the petition and
that she understood the allegations. Fast Horse waived her
right to a preliminary hearing. The parties consented to
proceed with the revocation hearing before the undersigned.
Court conducted a revocation hearing on February 5, 2019.
Fast Horse admitted that she had violated the conditions of
his supervised release by using a controlled substance, and
by failing to successfully complete her programming at the
Great Falls Transition Center. The violations are serious and
warrant revocation of Fast Horse's supervised release.
Horse's violations are Grade C violations. Fast
Horse's criminal history category is II. Fast Horse's
underlying offense is a Class C felony. Fast Horse could be
incarcerated for up to 24 months. She could be ordered to
remain on supervised release for up to 30 months, less any
custody time imposed. The United States Sentencing Guidelines
call for a term of custody of 4 to 10 months.
Horse requested a term of custody of 4 to 5 months. The
Government requested a term of custody of 5 months.