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United States v. Denny

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

May 1, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
AUSTIN JOSEPH DENNY, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Denny 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).

         Petition

         The 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).

         Initial appearance

         Denny 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.

         Revocation Hearing

         The 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 treatment.

         Denny's 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.

         III. Analysis

         Denny's supervised release should be revoked. Denny should be incarcerated for 6 months, with no supervised release to follow. This sentence ...


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