United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston, United States Magistrate Judge.
Channing Eder (Eder) has been accused of violating the
conditions of his supervised release. Eder admitted all of
the alleged violations, except three. Eder's supervised
release should be revoked. Eder should be placed in custody
for 4 months, with 36 months of supervised release to follow.
Eder should serve the first 60 days of supervised release at
an inpatient substance abuse treatment facility.
pleaded guilty to Use of a Firearm During a Crime of Violence
on September 30, 2008. (Doc. 12). The Court sentenced Eder to
84 months of custody, followed by 5 years of supervised
release. (Doc. 15). Eder's current term of supervised
release began on December 6, 2018. (Doc. 62 at 2).
The United States Probation Office filed a Petition on May
21, 2019, requesting that the Court revoke Eder's
supervised release. (Doc. 62). The Petition alleges that Eder
violated the conditions of his supervised release: 1) by
failing to report for substance abuse testing; 2) by failing
to report for substance abuse treatment; 3) by using
methamphetamine on two separate occasions; 4) by committing
another crime; 5) by consuming alcohol; and 6) by knowingly
communicating with a convicted felon. United States District
Judge Brian Morris issued a warrant for Eder's arrest on
May 21, 2019. (Doc. 44).
appearance Eder appeared before the undersigned for his
initial appearance on June 26, 2019. Eder was represented by
counsel. Eder stated that he had read the petition and that
he understood the allegations. Eder 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 08-54-GF-BMM on August 13, 2019. Eder admitted
that he had violated the conditions of his supervised
release: i) by failing to report for substance abuse testing;
2) by failing to report for substance abuse treatment; 3) by
using methamphetamine on two separate occasions. The
government did not attempt to prove alleged violations 5, 6
and 7. The violations that Eder admitted are serious and
warrant revocation of Eder's supervised release.
violations are Grade C violations. Eder's criminal
history category is I. Eder's underlying offense in this
case is a Class A felony. Eder's underlying offense in
Cause CR 08-54-GF-BMM is a Class C felony. Kder could be
incarcerated for up to 60 months. Eder could be ordered to
remain on supervised release for up to 44 months, less any
custody time imposed. The United States Sentencing Guidelines
call for a term of custody of 3 to 9 months.
supervised release should be revoked. Eder should be
incarcerated for 4 months, with 36 months of supervised
release to follow. Eder should serve the first 60 days of
supervised release at an inpatient substance abuse treatment
facility. This sentence is sufficient but not greater than
Court informed Eder that the above sentence would be
recommended to Judge Morris. The Court also informed Eder of
his right to object to these Findings and Recommendations
within 14 days of their issuance. The Court explained to Eder
that Judge Morris would consider a timely objection before
making a final determination on whether to revoke his
supervised release and what, if any, sanction to impose. Eder
stated that he wished to waive his ...