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United States v. Dean Mad Plume

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

July 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
HARLAN JEROME DEAN MAD PLUME, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         Defendant Harlan Jerome Dean Mad Plume (Mad Plume) has been accused of violating the conditions of his supervised release by committing three separate crimes. Mad Plume admitted alleged Violations 2 and 3. Made Plume did not admit alleged Violation 1. The government did not attempt to prove alleged Violation 1. Mad Plume's supervised release should be revoked. Mad Plume should be placed in custody for 9 months, with no supervised release to follow. Mad Plume should receive credit for time served from December 19, 2018.

         II. Status

         Mad Plume pleaded guilty to Assault Resulting in Serious Bodily Injury on April 4, 2016. (Doc. 30). The Court sentenced Mad Plume to 6 months of custody, followed by 3 years of supervised release. (Doc. 59). Mad Plume's current term of supervised release began on November 23, 2018. (Doc. 102 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Mad Plume's supervised release on June 18, 2019. (Doc. 102). The Petition alleged that Mad Plume had violated the conditions of his supervised release by committing three separate crimes. United States District Brian M. Morris issued a warrant for Mad Plume's arrest on June 25, 2019. (Doc. 105).

         Initial appearance

         Mad Plume appeared before the undersigned for his initial appearance on July 1, 2019. (Doc. 106). Mad Plume was represented by counsel. Mad Plume stated that he had read the petition and that he understood the allegations. Mad Plume 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 July 1, 2019. Mad Plume admitted alleged Violations 2 and 3. The violations are serious and warrant revocation of Mad Plume's supervised release.

         Mad Plume's violations are Grade B violations. Mad Plume's criminal history category is I. Mad Plume's underlying offense is a Class C felony. Mad Plume could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 12 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Mad Plume's supervised release should be revoked. Mad Plume should be incarcerated for 9 months, with no supervised release to follow. Mad Plume should receive credit for time served from December 19, ...


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