United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
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.
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).
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).
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.
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
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.
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