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United States v. Wolverine

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

August 7, 2019

UNITED STATES OF AMERICA Plaintiff,
v.
JUNE LEE WOLVERINE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States District Judge.

         I. Synopsis

         Defendant June Lee Wolverine (Wolverine) has been accused of violating the conditions of her supervised release. Wolverine admitted all of the alleged violations, except one. Wolverine's supervised release should be revoked. Wolverine should be placed in custody for 3 months, with 33 months of supervised release to follow. Wolverine should serve her term of custody at the Bureau of Prisons' facility in Waseca, Minnesota. Wolverine should serve the first 2 months of supervised release at Passages in Billings, Montana.

         II. Status

         Wolverine was found guilty of Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon on December 20, 2012, following a jury trial. (Doc. 56). The Court sentenced Wolverine to 78 months of custody, followed by 3 years of supervised release. (Doc. 79). Wolverine's current term of supervised release began on July 25, 2018. (Doc. 104 at 1).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Wolverine's supervised release on July 29, 2019. (Doc. 104). The Petition alleged that Wolverine violated the conditions of her supervised release: 1) by consuming alcohol; 2) by committing another crime; 3) by using methamphetamine; and 4) by failing to report for mental health treatment.

         Initial appearance

         Wolverine appeared before the undersigned for her initial appearance on August 6, 2019. Wolverine was represented by counsel. Wolverine stated that she had read the petition and that she understood the allegations. Wolverine waived her 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 August 6, 2019. Wolverine admitted that she had violated the conditions of his supervised release: 1) by consuming alcohol; 2) by using methamphetamine; and 3) by failing to report for mental health treatment. The government did not attempt to prove that Wolverine had committed another crime. The violations that Wolverine admitted are serious and warrant revocation of Wolverine's supervised release.

         Wolverine's violations are Grade C violations. Wolverine's criminal history category is II. Wolverine's underlying offenses are Class C felonies. Wolverine could be incarcerated for up to 24 months. She could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Wolverine's supervised release should be revoked. Wolverine should be incarcerated for 3 months, with 33 months of supervised release to follow. Wolverine should serve her term of custody at the Bureau of Prisons' facility in Waseca, Minnesota. Wolverine should serve the first 2 months of supervised release ...


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