United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE
Deanna Marie Wells (Wells) has been accused of violating the
conditions of her supervised release. Wells admitted all of
the alleged violations, except one. Wells's supervised
release should be revoked. Wells should be placed in custody
for 4 months, with 26 months of supervised release to follow.
Wells should serve the first 60 days of supervised release at
Passages treatment center in Billings, Montana.
pleaded guilty to Distribution of Methamphetamine on December
12, 2012. (Doc. 61). The Court sentenced Wells to 64 months
of custody, followed by 4 years of supervised release. (Doc.
118). Wells's term of supervised release began on March
7, 2017. (Doc. 277 at 2).
United States Probation Office filed a Petition requesting
that the Court revoke Wells's supervised release on
February 25, 2019. (Doc. 277). The Petition alleged that
Wells violated the conditions of her supervised release: 1)
by failing to notify her probation officer of a change in
employment status; 2) by using a controlled substance; and 3)
by failing to report for substance abuse testing.
appeared before the undersigned for her initial appearance on
March 5, 2019. Wells was represented by counsel. Wells stated
that she had read the petition and that she understood the
allegations. Wells waived her right to a preliminary hearing.
The parties consented to proceed with the revocation hearing
before the undersigned.
Court conducted a revocation hearing on March 5, 2019. Wells
admitted that she had violated the conditions of his
supervised release: 1) by failing to notify her probation
officer of a change in employment status; and 2) by using a
controlled substance. Wells did not admit alleged Violation
No. 3. The government did not attempt to prove alleged
Violation No. 3. The admitted violations are serious and
warrant revocation of Wells's supervised release.
violations are Grade C violations. Wells's criminal
history category is I. Wells's underlying offense is a
Class B felony. Wells could be incarcerated for up to 36
months. She 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 3 to 9 months.
supervised release should be revoked. Wells should be
incarcerated for 4 months, with 26 months of supervised
release to follow. This sentence is sufficient but not
greater than necessary. The ...