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United States v. Big Knife

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

June 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KORDELL KYLE BIG KNIFE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Kordell Kyle Big Knife (Big Knife) has been accused of violating the conditions of his supervised release. Big Knife admitted all of the alleged violations. Big Knife's supervised release should be revoked. Big Knife should be placed in custody for 3 months, with 17 months of supervised release to follow. Big Knife should serve his term of custody at the Crossroads Correctional Center in Shelby, Montana. Big Knife should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana.

         II. Status

         Big Knife pleaded guilty to Assault Resulting in Serious Bodily Injury on February 8, 2019. (Doc. 18). The Court sentenced Big Knife to 8 months of custody, followed by 2 years of supervised release. (Doc. 27). Big Knife's current term of supervised release began on April 8, 2019. (Doc. 43 at 1).

         Petition

         The United States Probation Office filed a Petition on May 16, 2019, requesting that the Court revoke Big Knife's supervised release. (Doc. 43). The Petition alleges that Big Knife violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; and 2) by consuming alcohol. (Doc. 43 at 2-3). United States District Judge Brian Morris issued a warrant for Big Knife's arrest. (Doc. 44).

         Initial appearance

         Big Knife appeared before the undersigned for his initial appearance on May 22, 2019. Big Knife was represented by counsel. Big Knife stated that he had read the petition and that he understood the allegations. Big Knife 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 25, 2019. Big Knife 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 Big Knife's supervised release.

         Big Knife's violations are Grade C violations. Big Knife's criminal history category is II. Big Knife's underlying offense is a Class D felony. Big Knife could be incarcerated for up to 24 months. Big Knife could be ordered to remain on supervised release for up to 20 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Big Knife's supervised release should be revoked. Big Knife should be incarcerated for 3 months, with 17 months of supervised release to follow. Big Knife should serve his term of custody at the Crossroads Correctional Center in Shelby, Montana. Big Knife should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana. The supervised release ...


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