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. Mitchell

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

June 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN GERARD MITCHELL, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge

         I. Synopsis

         Defendant Kevin Gerard Mitchell (Mitchell) has been accused of violating the conditions of his supervised release. Mitchell admitted all of the alleged violations, except one. The government proved alleged violation 4. Mitchell's supervised release should be revoked. Mitchell should be placed in custody for 7 months, with 43 months of supervised release to follow. Mitchell should be allowed to file a motion for early termination of supervise release after he has completed 24 consecutive months of supervised release, in full compliance with all of the conditions of supervised release that the Court has imposed upon him.

         II. Status

         Mitchell pleaded guilty to Aggravated Sexual Abuse on March 14, 2007. (Doc. 18). The Court sentenced Mitchell to 151 months of custody, followed by 5 years of supervised release. (Doc. 26). Mitchell's current term of supervised release began on February 14, 2019. (Doc. 56 at 2).

         Petition

         The United States Probation Office filed a Petition on May 21, 2019, requesting that the Court revoke Mitchell's supervised release. (Doc. 56). The Petition alleges that Mitchell violated the conditions of his supervised release: 1) by consuming alcohol; 2) by using marijuana; 3) by using methamphetamine; and 4) by failing to complete his sex offender treatment program. (Doc. 56 at 2-3). United States District Judge Brian Morris issued a warrant for Mitchell's arrest on May 21, 2019.

         Initial appearance

         Mitchell appeared before the undersigned for his initial appearance on June 5, 2019. Mitchell was represented by counsel. Mitchell stated that he had read the petition and that he understood the allegations. Mitchell 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. Mitchell admitted alleged violations 1, 2 and 3. The government proved alleged violation 4. The violations are serious and warrant revocation of Mitchell's supervised release.

         Mitchell's violations are Grade C violations. Mitchell's criminal history category is II. Mitchell's underlying offense is a Class A felony. Mitchell could be incarcerated for up to 60 months. He could be ordered to remain on supervised release for up to 50 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Mitchell's supervised release should be revoked. Mitchell should be incarcerated for 7 months, with 43 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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.