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United States v. Whitegrass

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

June 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHANLER CHAZE WHITEGRASS, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge

         I. Synopsis

         Defendant Chanler Chaze Whitegrass (Whitegrass) has been accused of violating the conditions of his supervised release. Whitegrass has admitted all of the alleged violations. Whitegrass's supervised release should be revoked. Whitegrass should be placed in custody for 10 months, with no supervised release to follow.

         II. Status

         Whitegrass pleaded guilty to Strangulation on June 11, 2015. (Doc. 19). The Court sentenced Whitegrass to 22 months of custody, followed by 3 years of supervised release. (Doc. 27). Whitegrass's current term of supervised release began on May 29, 2019. (Doc. 66).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Whitegrass's supervised release on June 7, 2019. (Doc. 66). The Petition alleged that Whitegrass had violated the conditions of his supervised release: 1) by failing to notify his probation officer of a change in residence; 2) by failing to follow the instructions of his probation officer; and 3) by consuming alcohol.

         Initial appearance

         Whitegrass appeared before the undersigned for his initial appearance on June 11, 2019. Whitegrass was represented by counsel. Whitegrass stated that he had read the petition and that he understood the allegations. Whitegrass 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 11, 2019. Whitegrass admitted that he had violated the conditions of his supervised release: 1) by failing to notify his probation officer of a change in residence; 2) by failing to follow the instructions of his probation officer; and 3) by consuming alcohol. The violations are serious and warrant revocation of Whitegrass's supervised release.

         Whitegrass's violations are Grade C violations. Whitegrass's criminal history category is I. Whitegrass's underlying offense is a Class C felony. Whitegrass could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 28 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Whitegrass's supervised release should be revoked. Whitegrass should be incarcerated for 10 months, with no supervised release to follow. This ...


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