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United States v. Denny

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

July 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BRUCE JOHN DENNY, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Bruce John Denny (Denny) has been accused of violating the conditions of his supervised release. Denny admitted all of the alleged violations, except alleged Violation 6. The government did not attempt to prove alleged Violation 6. Denny's supervised release should be revoked. Denny should be placed in custody for 6 months, with 39 months of supervised release to follow.

         II. Status

         Denny pleaded guilty to Abusive Sexual Contact on May 27, 2014. (Doc. 46). The Court sentenced Denny to a term of custody of 12 months and 1 day, followed by 5 years of supervised release. (Doc. 61). Denny's current term of supervised release began on April 5, 2019. (Doc. 111 at 2).

         Petition

         The United States Probation Office filed a Petition on June 11, 2019, requesting that the Court revoke Denny's supervised release. (Doc. 111). The Petition alleged that Denny had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to successfully complete sex offender treatment; 3) by using methamphetamine; 4) by failing to report for substance abuse treatment; 5) by failing to follow the instructions of his probation officer; 6) by failing to comply with sex offender registration requirements; and 7) by failing to notify his probation officer of a change in residence. United States District Brian Morris issued a warrant for Denny's arrest on June 11, 2019. (Doc. 112).

         Initial appearance

         Denny appeared before the undersigned for his initial appearance on June 25, 2019. Denny was represented by counsel. Denny stated that he had read the petition and that he understood the allegations. Denny 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 9, 2019. Denny admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to successfully complete sex offender treatment; 3) by using methamphetamine; 4) by failing to report for substance abuse treatment; 5) by failing to follow the instructions of his probation officer; and 6) by failing to notify his probation officer of a change in residence. The violations are serious and warrant revocation of Denny's supervised release.

         Denny's violations are Grade C violations. Denny's criminal history category is I. Denny's underlying offense is a Class E felony. Denny could be incarcerated for up to 12 months. He could be ordered to remain on supervised release for up to 45 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Denny's supervised release should be revoked. Denny should be incarcerated for 6 months, with 39 months of supervised release to follow. The supervised release conditions imposed previously should be continued. This sentence is sufficient but not greater than necessary. Denny should be allowed to file a motion to terminate his ...


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