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United States v. Sangrey

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

February 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DANIEL JOSEPH SANGREY, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Daniel Joseph Sangrey (Sangrey) has been accused of violating the conditions of his supervised release. Sangrey has admitted all of the alleged violations. Sangrey's supervised release should be revoked. Sangrey should be placed in custody for 13 months, with no supervised release to follow.

         II. Status

         Sangrey pleaded guilty to Distribution of Methamphetamine on January 31, 2001. (Doc. 45). The Court sentenced Sangrey to 144 months of custody, followed by 5 years of supervised release. (Doc. 63). Sangrey's current term of supervised release began on October 30, 2016. (Doc. 141 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Sangrey's supervised release on September 4, 2018. (Doc. 141). The Petition alleged that Sangrey had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to notify his probation officer of a change in employment; and 3) by failing to attend appointments for substance abuse treatment. United States District Brian M. Morris issued a warrant for Sangrey's arrest on September 4, 2019. (Doc. 142).

         Initial appearance

         Sangrey appeared before the undersigned for his initial appearance on February 14, 2019. Sangrey was represented by counsel. Sangrey stated that he had read the petition and that he understood the allegations. Sangrey 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 14, 2019. Sangrey admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to notify his probation officer of a change in employment; and 3) by failing to attend appointments for substance abuse treatment. The violations are serious and warrant revocation of Sangrey's supervised release.

         Sangrey's violations are Grade C violations. Sangrey's criminal history category is V. Sangrey's underlying offense is a Class A felony. Sangrey could be incarcerated for up to 60 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 7 to 13 months.

         III. Analysis

         Sangrey's supervised release should be revoked. Sangrey should be incarcerated for 13 months, with no supervised release to follow. This sentence ...


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