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United States v. Bearchild

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

August 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LOUIE BEARCHILD, Defendant,

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Louie Bearchild (Bearchild) has been accused of violating the conditions of his supervised release. Bearchild admitted the alleged violation. Bearchild's supervised release should be revoked. Bearchild should be placed in custody for 3 months, with 27 months of supervised release to follow. Bearchild should serve the first 60 days of supervised release at an inpatient substance abuse treatment facility.

         II. Status

         Bearchild pleaded guilty to Assault Resulting in Serious Bodily Injury on December 20, 2012. (Doc. 65). The Court sentenced Bearchild to 63 months of custody, followed by 3 years of supervised release. (Doc. 38). Bearchild's current term of supervised release began on August 16, 2018. (Doc. 74 at 2).

         Petition

         The United States Probation Office filed a Petition on August 6, 2019, requesting that the Court revoke Bearchild's supervised release. (Doc. 74). The Petition alleged that Bearchild had violated the conditions of his supervised release by consuming alcohol.

         Initial appearance

         Bearchild appeared before the undersigned for his initial appearance on August 13, 2019. Bearchild was represented by counsel. Bearchild stated that he had read the petition and that he understood the allegations. Bearchild 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 August 13, 2019. Bearchild admitted that he had violated the conditions of his supervised release by consuming alcohol. The violation is serious and warrants revocation of Bearchild's supervised release.

         Bearchild's violation is a Grade C violation. Bearchild's criminal history category is IV. Bearchild's underlying offense is a Class C felony. Bearchild could be incarcerated for up to 24 months. Bearchild could be ordered to remain on supervised release for up to 30 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months.

         III. Analysis

         Bearchild's supervised release should be revoked. Bearchild should be incarcerated for 3 months, with 27 months of supervised release to follow. Bearchild should serve the first 60 days of supervised release at an inpatient substance abuse ...


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