United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston, United States Magistrate Judge.
Aloysious Wells (Wells) has been accused of violating the
conditions of his supervised release. Wells admitted all of
the alleged violations. Wells's supervised release should
be revoked. Wells should be placed in custody for 5 months,
with 112 months of supervised release to follow.
pleaded guilty to Abusive Sexual Contact on March 4, 2013.
(Doc. 27). The Court sentenced Wells to 20 months of custody,
followed by 10 years of supervised release. (Doc. 45).
Wells's current term of supervised release began on May
6, 2019. (Doc. 69 at 2).
United States Probation Office filed a Petition on June 18,
2019, requesting that the Court revoke Wells's supervised
release. (Doc. 69). The Petition alleges that Wells violated
the conditions of his supervised release: 1) by using a
controlled substance; and 2) by failing to complete his
60-day substance abuse treatment program at Connections
Corrections in Butte, Montana. (Doc. 69 at 2). United States
District Judge Brian Morris issued a warrant for Wells's
arrest on May 21, 2019.
appeared before the undersigned for his initial appearance on
the Petition on June 26, 2019. Wells was represented by
counsel. Wells stated that he had read the petition and that
he understood the allegations. Wells waived his right to a
preliminary hearing. The parties consented to proceed with
the revocation hearing before the undersigned.
Court conducted a revocation hearing on June 26, 2019. Wells
admitted that he had violated the conditions of his
supervised release: 1) by using a controlled substance; and
2) by failing to complete his 60-day substance abuse
treatment program at Connections Corrections. The violations
are serious and warrant revocation of Wells's supervised
violations are Grade C violations. Wells's criminal
history category is I. Wells's underlying offense is a
Class A felony. Wells could be incarcerated for up to 60
months. He could be ordered to remain on supervised release
for up to 117 months, less any custody time imposed. The
United States Sentencing Guidelines call for a term of
custody of 3 to 9 months.
supervised release should be revoked. Wells should be
incarcerated for 5 months, with 112 months of supervised
release to follow. The supervised release conditions imposed
previously should be ...