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United States v. Bird Rattler

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

August 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CEARENCE L. BIRD RATTEER, JR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         Defendant 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.

         II. Status

         Bird 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).

         Petition

         The 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.

         Initial appearance

         Bird 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.

         Revocation hearing

         The 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 supervised release.

         Bird 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 months.

         III. Analysis

         Bird Rattler's supervised release should be revoked. Bird Rattler should be incarcerated for 4 months, with 24 months of supervised release to follow. This ...


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