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United States v. Drum

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

February 27, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
GARY ONEAL DRUM, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Gary Oneal Drum (Drum) has been accused of violating the conditions of his supervised release. Drum has admitted all of the alleged violations. Drum's supervised release should be revoked. Drum should be placed in custody for 12 months, with no supervised release to follow.

         II. Status

         Drum pleaded guilty to Abusive Sexual Contact on March 16, 2015. (Doc. 19). The Court sentenced Drum to 36 months of custody, followed by 5 years of supervised release. (Doc. 23). Drum's current term of supervised release began on November 15, 2018. (Doc. 44 at 1).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Drum's supervised release on January 23, 2019. (Doc. 44). The Petition alleged that Drum had violated the conditions of his supervised release: 1) by consuming alcohol; 2) by failing to report to his probation officer as directed; 3) by failing to report for substance abuse treatment; 4) by failing to report for sex offender treatment; and 5) by failing to report for substance abuse testing. United States District Brian M. Morris issued a warrant for Drum's arrest on January 23, 2019. (Doc. 45).

         Initial appearance

         Drum appeared before the undersigned for his initial appearance on February 26, 2019. Drum was represented by counsel. Drum stated that he had read the petition and that he understood the allegations. Drum 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 26, 2019. Drum admitted that he had violated the conditions of his supervised release: 1) by consuming alcohol; 2) by failing to report to his probation officer as directed; 3) by failing to report for substance abuse treatment; 4) by failing to report for sex offender treatment; and 5) by failing to report for substance abuse testing. The violations are serious and warrant revocation of Drum's supervised release.

         Drum's violations are Grade C violations. Drum's criminal history category is II. Drum's underlying offense is a Class B felony. Drum could be incarcerated for up to 12 months. He could be ordered to remain on supervised release for up to 48 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Drum's supervised release should be revoked. Drum should be incarcerated for 12 months, with no supervised release to follow. This sentence ...


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