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United States v. Elaine Fast Horse

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

February 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ELAINE FAST HORSE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant 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, Washington.

         II. Status

         Fast 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).

         Petition

         The 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. (Doc. 72).

         Initial appearance

         Fast 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.

         Revocation hearing

         The 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.

         Fast 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.

         Fast Horse requested a term of custody of 4 to 5 months. The Government requested a term of custody of 5 months.

         III. ...


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