United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge
Julio Gonzalez, Jr. (Gonzalez) has been accused of violating
the conditions of his supervised release. Gonzalez admitted
the alleged violation. Gonzalez's supervised release
should be revoked. Gonzalez should be placed in custody for 4
months, with 50 months of supervised release to follow.
pleaded guilty to Conspiracy to Distribute Methamphetamine on
July 7, 2010. (Doc. 52). The Court sentenced Gonzalez 71
months of custody, followed by 8 years of supervised release.
(Doc. 57). Gonzalez's current term of supervised release
began on June 10, 2019. (Doc. 84).
United States Probation Office filed a Petition requesting
that the Court revoke Gonzalez's supervised release on
June 25, 2019. (Doc. 84). The Petition alleged that Gonzalez
had violated the conditions of his supervised release by
failing to report to the United States Probation Office
within 72 hours of his release from prison.
appeared before the undersigned for his initial appearance on
July 30, 2019. Gonzalez was represented by counsel. Gonzalez
stated that he had read the petition and that he understood
the allegations. Gonzalez 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 30, 2019.
Gonzalez admitted that he had violated the conditions of his
supervised release by failing to report to the United States
Probation Office within 72 hours of his release from prison.
The violation is serious and warrants revocation of
Gonzalez's supervised release.
violation is a Grade C violation. Gonzalez's criminal
history category is III. Gonzalez's underlying offense is
a Class B felony. Gonzalez could be incarcerated for up to 36
months. He could be ordered to remain on supervised release
for up to 54 months, less any custody time imposed. The
United States Sentencing Guidelines call for a term of
custody of 5 to 11 months.
supervised release should be revoked. Gonzalez should be
incarcerated for 4 months, with 50 months of supervised
release to follow. This ...