United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
Bruce Darnell Moore (Moore) has been accused of violating the
conditions of his supervised release. Moore admitted all of
the alleged violations, except one. Moore's supervised
release should be revoked. Moore should be placed in custody
for 4 months, with 44 months of supervised release to follow.
Moore should be incarcerated at the Bureau of Prisons'
facility in Butner, North Carolina.
pleaded guilty to Possession with Intent to Distribute
Methamphetamine on October 5, 2015. (Doc. 32). The Court
sentenced Moore to 60 months of custody, followed by 4 years
of supervised release. (Doc. 92). Moore's current term of
supervised release began on October 12, 2018. (Doc. 114 at
United States Probation Office filed a Petition on January
24, 2019, requesting that the Court revoke Moore's
supervised release. (Doc. 114). The Petition alleged that
Moore had violated the conditions of his supervised release:
1) by using cocaine; 2) by interacting with a person engaged
in criminal activity; 3) by failing to report for substance
abuse treatment; 4) by failing to report for substance abuse
testing; and 5) by committing other crimes.
appeared before the undersigned for his initial appearance on
March 12, 2019. Moore was represented by counsel. Moore
stated that he had read the petition and that he understood
the allegations. Moore 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 March 12, 2019. Moore
admitted that he had violated the conditions of his
supervised release: 1) by using cocaine; 2) by interacting
with a person engaged in criminal activity; 3) by failing to
report for substance abuse treatment; and 4) by failing to
report for substance abuse testing. Moore did not admit or
deny alleged Violation No. 5. The government did not meet its
burden of proof with respect to alleged Violation No. 5. The
violations that Moore admitted are serious and warrant
revocation of Moore's supervised release.
violations are Grade C violations. Moore's criminal
history category is III. Moore's underlying offense is a
Class B felony. Moore could be incarcerated for up to 36
months. Moore could be ordered to remain on supervised
release for up to 48 months, less any custody time imposed.
The United States Sentencing Guidelines call for a term of
custody of 5 to 11 months.
supervised release should be revoked. Moore should be
incarcerated for 4 months, with 44 months of supervised
release to follow. This ...