United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
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.
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
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.
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.
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
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.
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