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United States v. Gobert

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

February 27, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KALVIN JOSEPH GOBERT, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Kalvin Joseph Gobert (Gobert) has been accused of violating the conditions of his supervised release. Gobert admitted the alleged violations. Gobert's supervised release should be revoked. Gobert should be placed in custody for 3 months, with 33 months of supervised release to follow. Gobert should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana.

         II. Status

         Gobert pleaded guilty to being an Unlawful User of a Controlled Substance While Possessing a Firearm on January 7, 2016. (Doc. 32). The Court sentenced Gobert to 27 months of custody, followed by 3 years of supervised release. (Doc. 41). Gobert's current term of supervised release began on December 1, 2017. (Doc. 44 at 1).

         Petition

         The United States Probation Office filed a Petition on February 12, 2019, requesting that the Court revoke Gobert's supervised release. (Doc. 44). The Petition alleges that Gobert violated the conditions of his supervised release: 1) by consuming alcohol; 2) by using methamphetamine; 3) by failing to report for substance abuse testing; 4) by failing to report for substance abuse treatment; 5) by failing to report for sex offender treatment; and 6) by failing to notify his probation officer of a change in residence. (Doc. 44 at 1-2). United States District Judge Brian Morris issued a warrant for Gobert's arrest. (Doc. 45).

         Initial appearance

         Gobert appeared before the undersigned for his initial appearance on February 26, 2019. Gobert was represented by counsel. Gobert stated that he had read the petition and that he understood the allegations. Gobert 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. Gobert admitted that he had violated the conditions of his supervised release: 1) by consuming alcohol; 2) by using methamphetamine; 3) by failing to report for substance abuse testing; 4) by failing to report for substance abuse treatment; 5) by failing to report for sex offender treatment; and 6) by failing to notify his probation officer of a change in residence. The violations are serious and warrant revocation of Gobert's supervised release.

         Gobert's violations are Grade C violations. Gobert's criminal history category is I. Gobert's underlying offense is a Class C felony. Gobert could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Gobert's supervised release should be revoked. Gobert should be incarcerated for 3 months, with 33 months of supervised release to follow. Gobert should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana. The supervised release conditions imposed ...


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