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United States v. Gonzalez

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

July 31, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JULIO GONZALEZ, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant 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.

         II. Status

         Gonzalez 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).

         Petition

         The 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.

         Initial appearance

         Gonzalez 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.

         Revocation hearing

         The 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.

         Gonzalez's 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.

         III. Analysis

         Gonzalez's supervised release should be revoked. Gonzalez should be incarcerated for 4 months, with 50 months of supervised release to follow. This ...


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