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United States v. Jackson

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

February 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PRESTON KEITH JACKSON, Defendant.

          AMENDED FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Preston Keith Jackson (Jackson) has been accused of violating the conditions of his supervised release. Jackson admitted the alleged violations. Jackson's supervised release should be revoked. Jackson should receive a term of custody of time served, with 35 months of supervised release to follow.

         II. Status

         Jackson pleaded guilty to three counts of Burglary on December 15, 2011. (Doc. 18). The Court sentenced Jackson to 33 months of custody, followed by 3 years of supervised release. (Doc. 28). Jackson's current term of supervised release began on September 25, 2018. (Doc. 31 at 1).

         Petition

         The United States Probation Office filed a Petition on January 28, 2019, requesting that the Court revoke Jackson's supervised release. (Doc. 31). The Petition alleges that Jackson violated the conditions of his supervised release: 1) by failing to report to the United States Probation Office within 72 hours of his release from custody; and 2) by failing to notify his probation officer of a change in residence. (Doc. 31 at 1-2). United States District Judge Brian Morris issued a warrant for Jackson's arrest on January 28, 2019. (Doc. 32).

         Initial appearance

         Jackson appeared before the undersigned for his initial appearance on February 26, 2019. Jackson was represented by counsel. Jackson stated that he had read the petition and that he understood the allegations. Jackson 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. Jackson admitted that he had violated the conditions of his supervised release: 1) by failing to report to the United States Probation Office within 72 hours of his release from custody; and 2) by failing to notify his probation officer of a change in residence. The violations are serious and warrant revocation of Jackson's supervised release.

         Jackson's violations are Grade C violations. Jackson's criminal history category is III. Jackson's underlying offenses are Class C felonies. Jackson 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 5 to 11 months. Both Jackson and the government requested a term of custody of time served.

         III. Analysis

         Jackson's supervised release should be revoked. Jackson should receive a term of custody of time served, with 35 months of supervised release to follow. This ...


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