United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
Jay Harwood Old Chief (Old Chief) has been accused of
violating the conditions of his supervised release. Old Chief
has admitted all of the alleged violations. Old Chief's
supervised release should be revoked. Old Chief should be
placed in custody for 6 months, with no supervised release to
Chief pleaded guilty on June 10, 2014, to Assault Resulting
in Serious Bodily Injury, and to Making a False Statement to
a Federal Officer. (Doc. 55). The Court sentenced Old Chief
to 28 months of custody, followed by 3 years of supervised
release. (Doc. 61). Old Chief's current term of
supervised release began on June 22, 2018. (Doc. 117 at 2).
United States Probation Office filed a Petition requesting
that the Court revoke Old Chief's supervised release on
July 31, 2018. (Doc. 117). The Petition alleged that Old
Chief had violated the conditions of his supervised release:
1) by possessing methamphetamine; 2) by using
methamphetamine; and 3) by failing to report to his probation
officer as directed. United States District Brian M. Morris
issued a warrant for Old Chief's arrest on July 31, 2019.
Chief appeared before the undersigned for his initial
appearance on February 14, 2019. Old Chief was represented by
counsel. Old Chief stated that he had read the petition and
that he understood the allegations. Old Chief waived his
right to a preliminary hearing. The parties consented to
proceed with the revocation hearing before the undersigned.
Court conducted a revocation hearing on February 14, 2019.
Old Chief admitted that he had violated the conditions of his
supervised release: 1) by possessing methamphetamine; 2) by
using methamphetamine; and 3) by failing to report to his
probation officer as directed. The violations are serious and
warrant revocation of Old Chief's supervised release.
Chief's violations are Grade C violations. Old
Chief's criminal history category is I. Old Chief's
underlying offenses are Class C felonies. Old Chief could be
incarcerated for up to 24 months. He could be ordered to
remain on supervised release for up to 20 months, less any
custody time imposed. The United States Sentencing Guidelines
call for a term of custody of 3 to 9 months.
Chief's supervised release should be revoked. Old Chief
should be incarcerated for 6 months, with no supervised
release to follow. This ...