United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE
Eric James Wellington (Wellington) has been accused of
violating the conditions of his supervised release.
Wellington admitted one of the two alleged violations. The
government met its burden of proof with respect to the
alleged violation that Wellington did not admit.
Wellington's supervised release should be revoked.
Wellington should be placed in custody for 12 months, with 18
months of supervised release to follow. Wellington should
serve the first 2 months of supervised release at Connections
Corrections in Butte, Montana, or at a similar secure drug
pleaded guilty to being a Felon in Possession of a Firearm on
September 21, 2015. (Doc. 8). The Court sentenced Wellington
to 24 months of custody, followed by 30 months of supervised
release. (Doc. 17). Wellington's current term of
supervised release began on August 18, 2017. (Doc. 29 at 1).
United States Probation Office filed a Petition on January
29, 2019, requesting that the Court revoke Wellington's
supervised release. (Doc. 29). The Petition alleges that
Wellington violated the conditions of his supervised release:
1) by committing another crime; and 2) by consuming alcohol.
(Doc. 29 at 2). United States District Judge Brian Morris
issued a warrant for Wellington's arrest.
appeared before the undersigned for his initial appearance on
February 19, 2019. Wellington was represented by counsel.
Wellington stated that he had read the petition and that he
understood the allegations. Wellington 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,
and on February 26, 2019. Wellington admitted that he had
violated the conditions of his supervised release by
consuming alcohol. Wellington could not admit or deny that he
had committed other crimes as charged in alleged Violation
No. 1. The government met its burden of proof with respect to
alleged Violation No. 1. The violations are serious and
warrant revocation of Wellington's supervised release.
violation are Grade B violations. Wellington's criminal
history category is V. Wellington's underlying offense is
a Class C felony. Wellington could be incarcerated for up to
24 months. He could be ordered to remain on supervised
release for up to 30 months, less any custody time imposed.
The United States Sentencing Guidelines call for a term of
custody of 18 to 24 months.
supervised release should be revoked. Wellington should be
incarcerated for 12 months, with 18 months of supervised
release to follow. Wellington should serve the first 2 months
of supervised release at Connections Corrections in Butte,
Montana, or at a similar secure drug treatment facility. The
supervised release conditions ...