Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Montclair

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

May 8, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WYATT CAMERON MONTCLAIR, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Wyatt Cameron Montclair (Montclair) has been accused of violating the conditions of his supervised release. Montclair admitted all of the alleged violations. Montclair's supervised release should be revoked. Montclair should be placed in custody for 5 months, with 28 months of supervised release to follow.

         II. Status

         Montclair pleaded guilty to Burglary on November 25, 2014. (Doc. 23). The Court sentenced Montclair to 18 months of custody, followed by 3 years of supervised release. (Doc. 45). Montclair's current term of supervised release began on February 6, 2019. (Doc. 93 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Montclair's supervised release on April 15, 2019. (Doc. 93). The Petition alleges that Montclair violated the conditions of his supervised release: 1) by using marijuana; 2) by failing to report for substance abuse testing; and 3) by failing to report for substance abuse treatment. (Doc. 93 at 1-2). United States District Judge Brian Morris issued a warrant for Montclair's arrest on April 15, 2019. (Doc. 94).

         Initial appearance

         Montclair appeared before the undersigned for his initial appearance on May 7, 2019. Montclair was represented by counsel. Montclair stated that he had read the petition and that he understood the allegations. Montclair 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 joint revocation hearing in this case and in Cause CR 15-21-GF-BMM-JTJ on May 7, 2019. Montclair admitted that he had violated the conditions of his supervised release: 1) by using marijuana; 2) by failing to report for substance abuse testing; and 3) by failing to report for substance abuse treatment. The violations are serious and warrant revocation of Montclair's supervised release.

         Montclair's violations are Grade C violations. Montclair's criminal history category is I. Montclair's underlying offenses are Class C and Class D felonies. Montclair could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 34 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Montclair's supervised release should be revoked. Montclair should receive a term of custody of 5 months, with 28 months of supervised release to follow. The supervised release conditions imposed previously should be continued. The sentence imposed in this case should run concurrent with the sentence ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.