United States District Court, D. Montana, Billings Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE
Carol Edith Pretty On Top (Pretty On Top) has been accused of
violating the conditions of her supervised release. Pretty On
Top admitted all of the alleged violations, except one.
Pretty On Top's supervised release should be revoked.
Pretty On Top should be placed in custody for 3 months, with
30 months of supervised release to follow. Pretty On Top
should serve the first 60 days of supervised release at
Passages in Billings, Montana.
On Top pleaded guilty to Assault Resulting in Serious Bodily
Injury on October 5, 2015. (Doc. 31). The Court sentenced
Pretty On Top to 36 months of custody, followed by 3 years of
supervised release. (Doc. 35). Pretty On Top's term of
supervised release began on December 21, 2018. (Doc. 55 at
United States Probation Office filed an Amended Petition on
March 12, 2019, requesting that the Court revoke Pretty On
Top's supervised release. (Doc. 57). The Amended Petition
alleged that Pretty On Top had violated the conditions of her
supervised release: 1) by consuming alcohol; 2) by using a
controlled substance; 3) by failing to abide by the rules of
the Great Falls Transition Center; and 4) by possessing a
On Top appeared before the undersigned for her initial
appearance on March 13, 2019. Pretty On Top was represented
by counsel. Pretty On Top stated that she had read the
petition and that she understood the allegations. Pretty On
Top waived her right to a preliminary hearing. The parties
consented to proceed with the revocation hearing before the
Court conducted a revocation hearing on March 13, 2019.
Pretty On Top admitted that she had violated the conditions
of his supervised release: 1) by consuming alcohol; 2) by
using a controlled substance; and 3) by failing to abide by
the rules of the Great Falls Transition Center. Pretty On Top
did not admit or deny alleged Violation No. 4. The government
did not meet its burden of proof with respect to alleged
Violation No. 4. The violations that Pretty On Top admitted
are serious and warrant revocation of Pretty On Top's
On Top's violations are Grade C violations. Pretty On
Top's criminal history category is I. Pretty On Top's
underlying offense is a Class C felony. Pretty On Top could
be incarcerated for up to 24 months. She could be ordered to
remain on supervised release for up to 33 months, less any
custody time imposed. The United States Sentencing Guidelines
call for a term of custody of 3 to 9 months.
On Top's supervised release should be revoked. Pretty On
Top should be incarcerated for 3 months, with 30 months of
supervised release to follow. This sentence is sufficient but
not greater than necessary. The ...