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United States v. Carol Edith Pretty On Top

United States District Court, D. Montana, Billings Division

March 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CAROL EDITH PRETTY ON TOP, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Pretty 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 2).

         Petition

         The 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 controlled substance.

         Initial appearance

         Pretty 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 undersigned.

         Revocation hearing

         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 supervised release.

         Pretty 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.

         III. Analysis

         Pretty 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 ...


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