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United States v. Wells

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

February 21, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ALOYSIOUS WELLS, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge

         I. Synopsis

         Defendant Aloysious Wells (Wells) has been accused of violating the conditions of his supervised release. Wells admitted the alleged violations. Wells's supervised release should be revoked. Wells should be placed in custody for 3 months, with 117 months of supervised release to follow. Wells should serve the first two months of supervised release at Connections Corrections in Butte, Montana.

         IL Status

         Wells pleaded guilty to Abusive Sexual Contact on March 4, 2013. (Doc. 27). The Court sentenced Wells to 20 months of custody, followed by 10 years of supervised release. (Doc. 45). Wells's current term of supervised release began on August 8, 2014. (Doc. 63 at 1).

         Petition

          The United States Probation Office filed a Second Amended Petition on February 19, 2019, requesting that the Court revoke Wells's supervised release. (Doc. 63). The Petition alleges that Wells violated the conditions of his supervised release: 1) by using and possessing a controlled substance; 2) by failing to follow the instructions of his probation officer; 3) by using methamphetamine; 4) by submitting an improper urine sample for testing; 5) by failing to report for sex offender treatment; and 6) by failing to report for substance abuse testing. (Doc. 63 at 2-4). United States District Judge Brian Morris issued a warrant for Wells's arrest.

         Initial appearance

         Wells appeared before the undersigned for his initial appearance on the Second Amended Petition on February 19, 2019. Wells was represented by counsel. Wells stated that he had read the petition and that he understood the allegations. Wells 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. Wells admitted that he had violated the conditions of his supervised release: 1) by using and possessing a controlled substance; 2) by failing to follow the instructions of his probation officer; 3) by using methamphetamine; 4) by submitting an improper urine sample for testing; 5) by failing to report for sex offender treatment; and 6) by failing to report for substance abuse testing. The violations are serious and warrant revocation of Wells's supervised release.

         Wells's violations are Grade C violations. Wells's criminal history category is I. Wells's underlying offense is a Class A felony. Wells could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 120 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         Wells requested a term of custody of 2 months. The government ...


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