United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
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.
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).
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.
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.
United States Probation Office filed an Amended Petition on
February 6, 2019. (Doc. 93).
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.
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.