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United States v. Red Eagle

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

February 7, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PAUL DARRELL RED EAGLE, SR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Paul Darrell Red Eagle, Sr. (Red Eagle) has been accused of violating the conditions of his supervised release. Red Eagle admitted all of the alleged violations, except two. Red Eagle's supervised release should be revoked. Red Eagle should be placed in custody for 4 months, with 32 months of supervised release to follow.

         II. Status

         Red Eagle pleaded guilty to Possession with the Intent to Distribute Methamphetamine on October 19, 2015. (Doc. 51). The Court sentenced Red Eagle to 40 months of custody, followed by 3 years of supervised release. (Doc. 75). Red Eagle's current term of supervised release began on November 23, 2018. (Doc. 92 at 1).

         Petition

          The United States Probation Office filed a Petition on January 14, 2019, requesting that the Court revoke Red Eagle's supervised release. (Doc. 92). The Petition alleges that Red Eagle violated the conditions of his supervised release: 1) by consuming alcohol; 2) by using methamphetamine; 3) by failing to report for substance abuse treatment; and 4) committing another crime. (Doc. 92 at 1-2). United States District Court Judge Brian Morris issued a warrant for Red Eagle's arrest.

         Initial appearance

          Red Eagle appeared before the undersigned for his initial appearance on February 6, 2019. Red Eagle was represented by counsel. Red Eagle stated that he had read the petition and that he understood the allegations. Red Eagle 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. Red Eagle admitted that he had violated the conditions of his supervised release: 1) by consuming alcohol; 2) by using methamphetamine; and 3) by failing to report for substance abuse treatment. The government made no attempt to prove that Red Eagle committed another crime. The violations are serious and warrant revocation of Red Eagle's supervised release.

         Red Eagle's violations are Grade C violations. Red Eagle's criminal history category is I. Red Eagle's underlying offense is a Class C felony. Red Eagle 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.

         III. Analysis

         Red Eagle's supervised release should be revoked. Red Eagle should be incarcerated for 4 months, with 32 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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