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United States v. Montclair

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

February 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WYATT CAMERON MONTCLAIR, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Montclair pleaded guilty to Involuntary Manslaughter on April 13, 2015. (Doc. 16). The Court sentenced Montclair to 28 months of custody, followed by 3 years of supervised release. (Doc. 23). Montclair's current term of supervised release began on May 25, 2018. (Doc. 27 at 2).

         Petition

          The United States Probation Office filed a Petition requesting that the Court revoke Montclair's supervised release on November 13, 2018. (Doc. 27). 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. 27 at 2-3). United States District Judge Brian Morris issued a warrant for Montclair's arrest on November 13, 2018. (Doc. 28).

         Initial appearance

          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.

         Revocation hearing

          The Court conducted a joint revocation hearing in this case and in Cause CR 14-84-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.

         Montclair's 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.

         Montclair requested a sentence of time served. The government requested a sentence at the low end of the applicable guideline range.

         III. ...


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