Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Marion Wallace Runs Through

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

February 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARION WALLACE RUNS THROUGH, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant 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.

         II. Status

         Runs 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).

         Petition

         The 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 arrest.

         Initial appearance

         Runs 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.

         Revocation hearing

         The 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.

         Runs 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.

         III. Analysis

         Runs 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.