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United States v. Arkinson

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

February 20, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDON ARKINSON, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant Randon Arkinson (Arkinson) has been accused of violating the conditions of his supervised release. Arkinson admitted one of the three alleged violations. The government met its burden of proof with respect to the other two alleged violations. Arkinson's supervised release should be revoked. Arkinson should be placed in custody for 8 months, with 32 months of supervised release to follow. Arkinson should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana.

         II. Status

         Arkinson pleaded guilty to Abusive Sexual Contact on April 21, 2011. (Doc. 23). The Court sentenced Arkinson to 37 months of custody, followed by 5 years of supervised release. (Doc. 30). Arkinson's current term of supervised release began on September 11, 2018. (Doc. 86 at 3).

         Petition

         The United States Probation Office filed a Petition on January 8, 2019, requesting that the Court revoke Arkinson's supervised release. (Doc. 86). The Petition alleges that Arkinson violated the conditions of his supervised release: 1) by committing another crime; 2) by failing to complete his sex offender treatment program; and 3) by consuming alcohol. (Doc. 86 at 3-4). United States District Judge Brian Morris issued a warrant for Arkinson's arrest.

         Initial appearance

         Arkinson appeared before the undersigned for his initial appearance on February 19, 2019. Arkinson was represented by counsel. Arkinson stated that he had read the petition and that he understood the allegations. Arkinson 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 19, 2019. Arkinson admitted that he had violated the conditions of his supervised release by failing to complete his sex offender treatment program. The government met its burden of proof with respect to the other two alleged violations. The government proved that Arkinson had committed another crime, and that Arkinson had consumed alcohol. The violations are serious and warrant revocation of Arkinson's supervised release.

         Arkinson's violations are Grade C violations. Arkinson's criminal history category is I. Arkinson's underlying offense is a Class A felony. Arkinson could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 40 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         Arkinson requested a term of custody of 5 months. The government requested a term of custody of 9 months.

         III. ...


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