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United States v. Moore

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

March 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BRUCE DARNELL MOORE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant 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.

         II. Status

         Moore 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 1).

         Petition

         The 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.

         Initial appearance

         Moore 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.

         Revocation hearing

         The 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.

         Moore's 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.

         III. Analysis

         Moore's supervised release should be revoked. Moore should be incarcerated for 4 months, with 44 months of supervised release to follow. This ...


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