United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE
Vincent Matthew Fortin (Fortin) has been accused of violating
the conditions of his supervised release. Fortin admitted all
of the alleged violations, except two. Fortin's
supervised release should be revoked. Fortin should be placed
in custody for 4 months, with 12 months of supervised release
to follow. Fortin should serve the first 60 days of
supervised release at an inpatient drug treatment facility
approved by the United States Probation Office.
pleaded guilty to Domestic Abuse by a Habitual Offender on
March 1, 2012. (Doc. 23). The Court sentenced Fortin to 41
months of custody, followed by 3 years of supervised release.
(Doc. 33). Fortin's current term of supervised release
began on January 20, 2016. (Doc. 47 at 1).
United States Probation Office filed a Petition on March 6,
2019, requesting that the Court revoke Fortin's
supervised release. (Doc. 47). The Petition alleges that
Fortin violated the conditions of his supervised release: 1)
by failing to report for substance abuse testing; 2) by
failing to follow the instructions of his probation officer;
3) by using methamphetamine; 4) by failing to report for
substance abuse treatment; and 5) by failing to report to his
probation officer as directed. (Doc. 47 at 1-2).
appeared before the undersigned for his initial appearance on
April 9, 2019. Fortin was represented by counsel. Fortin
stated that he had read the petition and that he understood
the allegations. Fortin waived his right to a preliminary
hearing. The parties consented to proceed with the revocation
hearing before the undersigned.
Court conducted a revocation hearing on April 9, 2019. Fortin
admitted that he had violated the conditions of his
supervised release: 1) by failing to report for substance
abuse testing; 2) by using methamphetamine; and 3) by failing
to report to his probation officer as directed. The Court
dismissed alleged Violations 2 and 4 on the government's
motion. The admitted violations are serious and warrant
revocation of Fortin's supervised release.
violations are Grade C violations. Fortin's criminal
history category is II. Fortin's underlying offense is a
Class D felony. Fortin could be incarcerated for up to 24
months. He could be ordered to remain on supervised release
for up to 35 months, less any custody time imposed. The
United States Sentencing Guidelines call for a term of
custody of 4 to 10 months.
current term of supervised release should be revoked. Fortin
should serve a term of custody of 4 months, followed by 12
months of supervised release. Fortin should serve the first
60 days of supervised release at an inpatient drug treatment
facility approved by the United ...