United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston, United States Magistrate Judge.
Clarence E. Bird Rattler, Jr. (Bird Rattler) has been accused
of violating the conditions of his supervised release. Bird
Rattler admitted the alleged violation. Bird Rattler's
supervised release should be revoked. Bird Rattler should be
placed in custody for 4 months, with 24 months of supervised
release to follow.
Rattler pleaded guilty to Robbery on July 24, 2002. (Doc.
10). The Court sentenced Bird Rattler to 44 months of
custody, followed by 3 years of supervised release. (Doc.
17). Bird Rattler's current term of supervised release
began on April 8, 2019. (Doc. 44 at 2).
United States Probation Office filed a Petition on August 6,
2019. requesting that the Court revoke Bird Rattler's
supervised release. (Doc. 44). The Petition alleges that Bird
Rattler violated the conditions of his supervised release by
consuming alcohol. (Doc, 44 at 2-3). United States District
Judge Brian Morris issued a warrant for Bird Rattler's
arrest on August 6, 2019.
Rattler appeared before the undersigned for his initial
appearance on August 13, 2019. Bird Rattler was represented
by counsel. Bird Rattler stated that he had read the petition
and that he understood the allegations. Bird Rattier waived
his right to a preliminary hearing. The parties consented to
proceed with the revocation hearing before the undersigned.
Court conducted a joint revocation hearing in this case and
in Cause CR 03-76-GF-BMM on August 13, 2019. Bird Rattler
admitted that he had violated the conditions of his
supervised release by consuming alcohol. The violation is
serious and warrants revocation of Bird Rattler's
Rattler's violation is a Grade C violation. Bird
Rattler's criminal history category is III. Bird
Rattler's underlying offense is a Class C felony. Bird
Rattler could be incarcerated for up to 24 months. He could
be ordered to remain on supervised release for up to 28
months, less any custody time imposed. The United States
Sentencing Guidelines call for a term of custody of 5 to 11
Rattler's supervised release should be revoked. Bird
Rattler should be incarcerated for 4 months, with 24 months
of supervised release to follow. This ...