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United States v. Carroll

United States District Court, D. Montana, Billings Division

April 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL JAMES CARROLL, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Michael James Carroll (Carroll) has been accused of violating the conditions of his supervised release. Carroll admitted all of the alleged violations, except two. Carroll's supervised release should be revoked. Carroll should be placed in custody for 6 months, with 30 months of supervised release to follow. Carroll should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana, followed by 180 days at the Pre-Release Center in Great Falls, Montana. The United States Probation Office should be given the authority to shorten Carroll's term at the Great Falls Pre-Release Center, if appropriate.

         II. Status

         Carroll pleaded guilty to being a Felon in Possession of a Firearm on February 25, 2015. (Doc. 22). The Court sentenced Carroll to 48 months of custody, followed by 3 years of supervised release. (Doc. 30). Carroll's current term of supervised release began on December 31, 2018. (Doc. 34 at 1).

         Petition

         The United States Probation Office filed an Amended Petition on March 13, 2019, requesting that the Court revoke Carroll's supervised release. (Doc. 36). The Amended Petition alleged that Carroll had violated the conditions of his supervised release: 1) by using methamphetamine on seven separate occasions; and 2) by failing to report for substance abuse testing. (Doc. 36 at 2-3). United States District Judge Susan P. Watters issued a warrant for Carroll's arrest.

         Initial Appearance

         Carroll appeared before the undersigned for his initial appearance on March 28, 2019. Carroll was represented by counsel. Carroll stated that he had read the Amended Petition and that he understood the allegations. Carroll 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 April 2, 2019. Carroll admitted that he had violated the conditions of his supervised release: 1) by using methamphetamine on five separate occasions; and 2) by failing to report for substance abuse testing. Carrol denied alleged violations 2 and 3. The government did not attempt to prove alleged violations 2 and 3. The admitted violations are serious and warrant revocation of Carroll's supervised release.

         Carroll's violations are Grade C violations. Carroll's criminal history category is VI. Carroll's underlying offense is a Class C felony. Carroll could be incarcerated for up to 36 months. Carroll could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 8 to 14 months.

         III. Analysis

         Carroll's supervised release should be revoked. Carroll should be incarcerated for 6 months, with 30 months of supervised release to follow. Carroll should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana, followed by 180 days at the Pre-Release Center in Great Falls, Montana. The United States Probation Office should be given the authority to shorten Carroll's term at the Great Falls Pre-Release Center, if appropriate. The ...


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