United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
Hiram Dean Bird (Bird) has been accused of violating the
conditions of his supervised release. The government proved
the alleged violation. Bird's supervised release should
be revoked. Bird should be placed in custody for 5 months,
with 39 months of supervised release to follow.
pleaded guilty to Sexual Abuse of a Minor on September 9,
2014. (Doc. 21). The Court sentenced Bird to 24 months and 2
days of custody, followed by 5 years of supervised release.
(Doc. 26). Bird's current term of supervised release
began on April 9, 2019. (Doc. 77).
United States Probation Office filed a Petition on May 22,
2019, requesting that the Court revoke Bird's supervised
release. (Doc. 77). The Petition alleged that Bird violated
the conditions of his supervised release by failing to
complete his 60-day substance abuse treatment program at
Connections Corrections in Warm Springs, Montana.
appeared before the undersigned for his initial appearance on
June 5, 2019. Bird was represented by counsel. Bird stated
that he had read the Petition and that he understood the
allegations. Bird 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 25, 2019. The
government proved that Bird had violated the conditions of
his supervised release by failing to complete his 60-day
substance abuse treatment program at Connections Corrections.
The violation is serious and warrants revocation of
Bird's supervised release.
violation is Grade C violation. Bird's criminal history
category is III. Bird's underlying offense is a Class C
felony. Bird could be incarcerated for up to 24 months. Bird
could be ordered to remain on supervised release for up to 44
months, less any custody time imposed. The United States
Sentencing Guidelines call for a term of custody of 5 to 11
supervised release should be revoked. Bird should be
incarcerated for 5 months, with 39 months of supervised
release to follow. The supervised release conditions imposed
previously should be continued, with exception of the
supervised release requiring substance abuse treatment at