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. Soosay

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

June 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CLINTON SCOTT SOOSAY, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Clinton Scott Soosay (Soosay) has been accused of violating the conditions of his supervised release. Soosay admitted all of the alleged violations. Soosay's supervised release should be revoked. Soosay should be placed in custody for 6 months, with no supervised release to follow.

         II. Status

         Soosay pleaded guilty to Possessing a Firearm During a Drug Trafficking Crime on April 8, 2004. (Doc. 8). The Court sentenced Soosay to 120 months of custody, followed by 5 years of supervised release. (Doc. 20). Soosay's current term of supervised release began on May 10, 2017. (Doc. 39 at 2).

         Petition

         The United States Probation Office filed a Petition on May 17, 2019, requesting that the Court revoke Soosay's supervised release. (Doc. 39). The Petition alleges that Soosay violated the conditions of his supervised release: 1) by using a controlled substance on ten separate occasions; and 2) by consuming alcohol. United States District Judge Brian Morris issued a warrant for Soosay's arrest on May 17, 2019. (Doc. 40).

         Initial appearance

         Soosay appeared before the undersigned for his initial appearance on June 5, 2019. Soosay was represented by counsel. Soosay stated that he had read the petition and that he understood the allegations. Soosay 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 03-143-GF-BMM on June 5, 2019. Soosay admitted that he had violated the conditions of his supervised release: 1) by using controlled substances; and 2) by consuming alcohol. The violations are serious and warrant revocation of Soosay's supervised release.

         Soosay's violations are Grade C violations. Soosay's criminal history category is III. Soosay's underlying offense in this case is a Class A felony. Soosay's underlying offense in Cause CR 03-143-GF-BMM is a Class C felony. Soosay could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 60 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 5 to 11 months in this case, and a term of custody of 5 to 11 months in Cause CR 03-143-GF-BMM.

         III. Analysis

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