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United States v. Glover

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

June 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON WAYNE GLOVER, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Brandon Wayne Glover (Glover) has been accused of violating the conditions of his supervised release. Glover admitted alleged violations 1 and 3. Glover's supervised release should be revoked. Glover should be placed in custody for 6 months, with 54 months of supervised release to follow.

         II. Status

         Glover pleaded guilty to Possession with Intent to Distribute Methamphetamine on January 9, 2014. (Doc. 20). The Court sentenced Glover to 80 months of custody, followed by 5 years of supervised release. (Doc. 32). Glover's current term of supervised release began on February 14, 2019. (Doc. 38 at 1).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Glover's supervised release on May 20, 2019. (Doc. 38). The Petition alleged that Glover had violated the conditions of his supervised release: 1) by using methamphetamine; 2) by having access to dangerous weapons; and 3) by knowingly interacting with a person convicted of felony without first obtaining the approval of his probation officer.

         Initial appearance

         Glover appeared before the undersigned for his initial appearance on June 5, 2019. Glover was represented by counsel. Glover stated that he had read the petition and that he understood the allegations. Glover 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. Glover admitted that he had violated the conditions of his supervised release: 1) by using methamphetamine; and 2) by knowingly interacting with a person convicted of felony without first obtaining the approval of his probation officer. The government moved to dismiss alleged violation 2. The Court granted the motion. The violations admitted by Glover are serious and warrant revocation of Glover's supervised release.

         Glover's violations are Grade C violations. Glover's criminal history category is IV. Glover's underlying offense is a Class B felony. Glover could be incarcerated for up to 36 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 6 to 12 months.

         III. Analysis

         Glover's supervised release should be revoked. Glover should be incarcerated for 6 months, with 54 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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