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United States v. Wolf

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

July 17, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES SPOTTED WOLF, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant 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 to follow.

         II. Status

         Spotted 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).

         Petition

         The 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.

         Initial appearance

         Spotted 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.

         Revocation Hearing

         The 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.

         Spotted 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.

         III. Analysis

         Spotted Wolfs supervised release should be revoked. Spotted Wolf should be incarcerated for 10 months, with no supervised release to follow. This ...


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