United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge
Marion Wallace Runs Through, Jr. (Runs Through) has been
accused of violating the conditions of his supervised
release. Runs Through admitted all of the alleged violations,
except one. Runs Through's supervised release should be
revoked. Runs Through should receive a term of custody of 4
months, with 32 months of supervised release to follow.
Through Kipp pleaded guilty to Assault Resulting in Serious
Bodily Injury on April 2, 2015. (Doc. 22). The Court
sentenced Runs Through to 48 months of custody, followed by 3
years of supervised release. (Doc. 30). Runs Through's
current term of supervised release began on October 16, 2018.
(Doc. 35 at 1).
United States Probation Office filed a Petition on December
17, 2018, requesting that the Court revoke Runs Through's
supervised release. (Doc. 35). The Petition alleges that Runs
Through violated the conditions of his supervised release: 1)
by committing another crime; and 2) by consuming alcohol on
two occasions. (Doc. 35 at 2). United States District Court
Judge Brian Morris issued a warrant for Runs Through's
Through appeared before the undersigned for his initial
appearance on February 6, 2019. Runs Through was represented
by counsel. Runs Through stated that he had read the petition
and that he understood the allegations. Runs Through waived
his right to a preliminary hearing. The parties consented to
proceed with the revocation hearing before the undersigned.
Court conducted a revocation hearing on February 6, 2019.
Runs Through admitted that he had violated the conditions of
his supervised release by consuming alcohol. The government
made no attempt to prove that Runs Through committed another
crime. The violations are serious and warrant revocation of
Runs Through's supervised release.
Through's violations are Grade C violations. Runs
Through's criminal history category is II. Runs
Through's underlying offense is a Class C felony. Runs
Through could be incarcerated for up to 24 months. He could
be ed 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 4 to 10 months.
Through's supervised release should be revoked. Runs
Through should be incarcerated for 4 months, with 32 months
of supervised release to follow. Runs Through should be
required to participate in and complete a program of alcohol
abuse treatment while on supervised release. Runs Through
should be required to pay part or all of the cost of this
treatment, as determined by the United States Probation
Office. The supervised ...