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United States v. Old Chief

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

February 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JAY HARWOOD OLD CHIEF, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant 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 follow.

         II. Status

         Old 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).

         Petition

         The 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. (Doc. 118).

         Initial appearance

         Old 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.

         Revocation hearing

         The 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.

         Old 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.

         III. Analysis

         Old Chief's supervised release should be revoked. Old Chief should be incarcerated for 6 months, with no supervised release to follow. This ...


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