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United States v. Wells

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

June 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ALOYSIOUS WELLS, Defendant,

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         Defendant 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.

         II. Status

         Wells 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).

         Petition

         The 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.

         Initial appearance

         Wells 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.

         Revocation hearing

         The 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 release.

         Wells's 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.

         III. Analysis

         Wells's 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 ...


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