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United States v. Owens

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

April 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DENNY OWENS, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant Denny Owens, Jr. (Owens) has been accused of violating the conditions of his supervised release. Owens admitted all of the alleged violations. Owens's supervised release should be revoked. Owens should be placed in custody for 3 months, with 21 months of supervised release to follow. Owens should serve the first 90 days of supervised release at Connections West in Butte, Montana.

         II. Status

         Owens pleaded guilty to Domestic Abuse by an Habitual Offender on December 13, 2016. (Doc. 24). The Court sentenced Owens to 29 months of custody, followed by 2 years of supervised release. (Doc. 41). Owens's current term of supervised release began on December 28, 2018. (Doc. 43).

         Petition

         The United States Probation Office filed a Petition on February 11, 2019, requesting that the Court revoke Owens's supervised release. (Doc. 43). The Petition alleged that Owens had violated the conditions of his supervised release: 1) by consuming alcohol on four separate occasions; 2) by committing another crime; and 3) by failing to report for substance abuse testing.

         Initial appearance

         Owens appeared before the undersigned for his initial appearance on April 9, 2019. Owens was represented by counsel. Owens stated that he had read the petition and that he understood the allegations. Owens 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 9, 2019. Owens admitted that he had violated the conditions of his supervised release: 1) by consuming alcohol on four separate occasions; 2) by committing another crime; and 3) by failing to report for substance abuse testing. The violations are serious and warrant revocation of Owens's supervised release.

         Owens's violations are Grade C violations. Owens's criminal history category is I. Owens's underlying offense is a Class D felony. Owens could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 24 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Owens's supervised release should be revoked. Owens should be incarcerated for 3 months, with 21 months of supervised release to follow. Owens should serve the first 90 days of supervised release at Connections West in Butte, ...


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