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United States v. Necklace

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

April 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SIOUX SUMMER NECKLACE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant Sioux Summer Necklace (Necklace) has been accused of violating the conditions of his supervised release. Necklace admitted one of the alleged violations. Necklace's supervised release should be revoked. Necklace should be placed in custody for 12 months, with no supervised release to follow.

         II. Status

         Necklace pleaded guilty to Assault Resulting in Serious Bodily Injury on March 23, 2016. (Doc. 21). The Court sentenced Necklace to 22 months of custody, followed by 3 years of supervised release. (Doc. 28). Necklace's current term of supervised release began on September 17, 2018. (Doc. 44).

         Petition

         The United States Probation Office filed a Petition on March 19, 2019, requesting that the Court revoke Necklace's supervised release. (Doc. 44). The Petition alleged that Necklace violated the conditions of his supervised release by committing two crimes, and by consuming alcohol.

         Initial appearance

         Necklace appeared before the undersigned for his initial appearance on April 4, 2019. Necklace was represented by counsel. Necklace stated that he had read the petition and that he understood the allegations. Necklace 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 4, 2019. Necklace admitted that he had violated the conditions of his supervised release by consuming alcohol. Necklace was unable to admit or deny that he had committed other crimes. The government did not attempt to prove that Necklace committed other crimes. The admitted violation is serious and warrants revocation of Necklace's supervised release.

         Necklace's violation is a Grade C violation. Necklace's criminal history category is I. Necklace's underlying offense is a Class C felony. Necklace could be incarcerated for up to 24 months. He 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. Both Necklace and the government recommended a sentence of 12 months in custody, with no supervised release to follow.

         III. Analysis

         Necklace's supervised release should be revoked. Necklace should be incarcerated for 12 months, with no supervised release to follow. This sentence is sufficient but not greater than necessary. The ...


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