United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
Charles Spotted Wolf (Spotted Wolf) has been accused of
violating the conditions of his supervised release. Spotted
Wolf admitted all of the alleged violations. Spotted Wolfs
supervised release should be revoked. Spotted Wolf should be
placed in custody for 10 months, with no supervised release
Wolf was found guilty of Burglary on December 15, 2016,
following a jury trial. (Doc. 56). The Court sentenced
Spotted Wolf to 21 months of custody, followed by 2 years of
supervised release. (Doc. 81). Spotted Wolfs current term of
supervised release began on March 13, 2019. (Doc. 120 at 1).
United States Probation Office filed a Petition on April 17,
2019, requesting that the Court revoke Spotted Wolfs
supervised release. (Doc. 120). The Petition alleged that
Spotted Wolf had violated the conditions of his supervised
release: 1) by failing to report to his probation officer as
directed; and 2) by failing to notify his probation officer
of a change in residence. United States District Court Judge
Brian Morris issued a warrant for Spotted Wolfs arrest on
April 17, 2019.
Wolf appeared before the undersigned for his initial
appearance on July 17, 2019. Spotted Wolf was represented by
counsel. Spotted Wolf stated that he had read the petition
and that he understood the allegations. Spotted Wolf 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 July 17, 2019.
Spotted Wolf admitted that he had violated the conditions of
his supervised release: 1) by failing to report to his
probation officer as directed; and 2) by failing to notify
his probation officer of a change in residence.
Wolfs supervised release violations are Grade C violations.
Spotted Wolfs criminal history category is II. Spotted Wolfs
underlying offense is a Class C felony. Spotted Wolf could be
incarcerated for up to 24 months. He could be ordered to
remain on supervised release for up to 20 months, less any
custody time imposed. The United States Sentencing Guidelines
call for a term of custody of 4 to 10 months.
Wolfs supervised release should be revoked. Spotted Wolf
should be incarcerated for 10 months, with no supervised
release to follow. This ...