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United States v. Fortin

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

April 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
VINCENT MATTHEW FORTIN, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Fortin 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).

         Petition

         The 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).

         Initial appearance

         Fortin 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.

         Revocation hearing

         The 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.

         Fortin's 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.

         III. Analysis

         Fortin's 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 ...


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