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United States v. Rider

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

June 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LOREN JAMES RIDER, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant Loren James Rider (Rider) has been accused of violating the conditions of his supervised release. Rider admitted all of the alleged violations. Rider's supervised release should be revoked. Rider should be placed in custody for 6 months, with 12 months of supervised release to follow. Rider should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana.

         II. Status

         Rider pleaded guilty to Assault Resulting in Serious Bodily Injury on April 26, 2016. (Doc. 51). The Court sentenced Rider to 25 months of custody, followed by 3 years of supervised release. (Doc. 96). Rider's current term of supervised release began on May 13, 2019. (Doc. 157 at 1).

         Petition

         The United States Probation Office filed a Petition on May 24, 2019, requesting that the Court revoke Rider's supervised release. (Doc. 157). The Petition alleges that Rider violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; and 2) by consuming alcohol. (Doc. 157 at 2-3). United States District Judge Brian Morris issued a warrant for Rider's arrest on May 24, 2019.

         Initial appearance

         Rider appeared before the undersigned for his initial appearance on June 5, 2019. Rider was represented by counsel. Rider stated that he had read the petition and that he understood the allegations. Rider 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 June 5, 2019. Rider admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; and 2) by consuming alcohol. The violations are serious and warrant revocation of Rider's supervised release.

         Rider's violations are Grade C violations. Rider's criminal history category is IV. Rider's underlying offense is a Class C felony. Rider could be incarcerated for up to 24 months. Rider could be ordered to remain on supervised release for up to 27 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months.

         III. Analysis

         Rider's supervised release should be revoked. Rider should be incarcerated for 6 months, with 12 months of supervised release to follow. The supervised release conditions imposed previously should be continued. Rider should serve the first 60 days of supervised release at Connections ...


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