United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE
Austin Joseph Denny (Denny) has been accused of violating the
conditions of his supervised release. Denny admitted the
alleged violations. Denny should be placed in custody for 6
months, with no supervised release to follow.
was found guilty of Simple Assault and Assault with a
Dangerous Weapon on January 5, 2012, following a jury trial.
(Doc. 137). The Court sentenced Denny to 54 months of
custody, followed by 3 years of supervised release. (Doc.
201). Denny's current term of supervised release began on
February 22, 2019. (Doc. 338 at 3).
United States Probation Office filed a Petition requesting
that the Court revoke Denny's supervised release on April
11, 2019. (Doc, 338). The Petition alleged that Denny had
violated the conditions of his supervised release: 1) by
using methamphetamine; 2) by failing to report for substance
abuse testing; and 3) by failing to complete successfully a
program of substance abuse treatment. United States District
Judge Brian M. Morris issued a warrant for Denny's arrest
on April 11, 2019. (Doc. 339).
appeared before the undersigned for his initial appearance on
April 30, 2019. Denny was represented by counsel. Denny
stated that he had read the petition and that he understood
the allegations. Denny 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 30, 2019. Denny
admitted that he had violated the conditions of his
supervised release: 1) by using methamphetamine; 2) by
failing to report for substance abuse testing; and 3) by
failing to complete successfully a program of substance abuse
supervised release violations are Grade C violations,
Denny's criminal history category is
III. Denny's underlying offense is a
Class C felony. Denny could be incarcerated for up to 24
months. He could be ordered to remain on supervised release
for up to 23 months and 20 days, less any custody time
imposed. The United States Sentencing Guidelines call for a
term of custody of 5 to 11 months.
supervised release should be revoked. Denny should be
incarcerated for 6 months, with no supervised release to
follow. This sentence ...