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United States v. Bird

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

June 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
HIRAM DEAN BIRD, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant 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.

         II. Status

         Bird 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).

         Petition

         The 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.

         Initial appearance

         Bird 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.

         Revocation hearing

         The 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.

         Bird's 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 months.

         III. Analysis

         Bird's 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 ...


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