United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE
Wyatt Cameron Montclair (Montclair) has been accused of
violating the conditions of his supervised release. Montclair
has admitted all of the alleged violations. Montclair's
supervised release should be revoked. Montclair should
receive a term of custody of time served, with 33 months of
supervised release to follow.
pleaded guilty to Burglary on November 25, 2014. (Doc. 23).
The Court sentenced Montclair to 18 months of custody,
followed by 3 years of supervised release. (Doc. 45).
Montclair's current term of supervised release began on
May 25, 2018. (Doc. 73 at 2).
United States Probation Office filed a Petition requesting
that the Court revoke Montclair's supervised release on
November 13, 2018. (Doc. 73). The Petition alleges that
Montclair violated the conditions of his supervised release:
1) by using marijuana; 2) by consuming alcohol; and 3) by
failing to make restitution payments. (Doc. 73 at 2-3).
United States District Judge Brian Morris issued a warrant
for Montclair's arrest on November 13, 2018. (Doc. 74).
Montclair appeared before the undersigned for his initial
appearance on February 6, 2019. Montclair was represented by
counsel. Montclair stated that he had read the petition and
that he understood the allegations. Montclair waived his
right to a preliminary hearing. The parties consented to
proceed with the revocation hearing before the undersigned.
Court conducted a joint revocation hearing in this case and
in Cause CR 15-21 -GF-BMM-JTJ on February 6, 2019. Montclair
admitted that he had violated the conditions of his
supervised release: 1) by using marijuana; 2) by consuming
alcohol; and 3) by failing to make restitution payments. The
violations are serious and warrant revocation of
Montclair's supervised release.
violations are Grade C violations. Montclair's criminal
history category is I. Montclair's underlying offenses
are Class C and Class D felonies. Montclair could be
incarcerated for up to 24 months. He could be ordered to
remain on supervised release for up to 36 months, less any
custody time imposed. The United States Sentencing Guidelines
call for a term of custody of 3 to 9 months.
requested a sentence of time served. The government requested
a sentence at the low end of the applicable guideline range.