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United States v. Demontiney

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

February 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JORDAN CHARLES DEMONTINEY, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Jordan Charles Demontiney (Demontiney) has been accused of violating the conditions of his supervised release by committing another crime, and by consuming alcohol. Demontiney has admitted that he consumed alcohol. Demontiney was unable to admit or deny whether he had committed another crime. The government made no attempt to prove that Demontiney committed another crime. Demontiney's supervised release should be revoked. Demontiney should receive a custodial sentence of time served, with 12 months of supervised release to follow.

         II. Status

         Demontiney pleaded guilty to Second Degree Murder on September 17, 2009. (Doc. 10). The Court sentenced Demontiney to 108 months of custody, followed by 5 years of supervised release. (Doc. 18). Demontiney's term of supervised release began on September 6, 2018. (Doc. 87 at 2).

         Petition

          The United States Probation Office filed a Petition on October 31, 2018, requesting that the Court revoke Demontiney's supervised release. (Doc. 87). The Petition alleged that Demontiney had violated the conditions of his supervised release by committing another crime, and by consuming alcohol. United States District Brian M. Morris issued a warrant for Demontiney's arrest on October 31, 2018. (Doc. 88).

         Initial appearance

          Demontiney appeared before the undersigned for his initial appearance on February 5, 2019. (Doc. 90). Demontiney was represented by counsel. Demontiney stated that he had read the Petition and that he understood the allegations. Demontiney waived his right to a preliminary hearing. The parties consented to proceed with the revocation hearing before the undersigned.

         Amended Petition

          The United States Probation Office filed an Amended Petition on February 6, 2019. (Doc. 93).

         Revocation hearing

          The Court conducted a revocation hearing on February 5, 2019, and on February 12, 2019. Demontiney admitted that he had violated the conditions of his supervised release by consuming alcohol. The violation is serious and warrants revocation of Demontiney's supervised release.

         Demontiney's violation is Grade C violation. Demontiney's criminal history category is III. Demontiney's underlying offense is a Class A felony. Demontiney could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 34 months, less any custody time imposed. ...


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