United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge.
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.
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).
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.
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.
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
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.
requested a term of custody of 5 months. The government
requested a term of custody of 9 months.