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United States v. Wells

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

March 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DEANNE MARIE WELLS, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Wells 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).

         Petition

         The 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.

         Initial appearance

         Wells 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.

         Revocation hearing

         The 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.

         Wells's 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.

         III. Analysis

         Wells's 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 ...


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