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United States v. Jackson

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

August 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON MICHAEL JACKSON, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Brandon Michael Jackson (Jackson) has been accused of violating the conditions of his supervised release. Jackson admitted all of the alleged violations. Jackson's supervised release should be revoked. Jackson should be placed in custody for 9 months, with no supervised release to follow.

         II. Status

         Jackson pleaded guilty to Burglary on December 19, 2013. (Doc. 32). The Court sentenced Jackson to 24 months of custody, followed by 3 years of supervised release. (Doc. 32). Jackson's current term of supervised release began on April 10, 2019. (Doc. 90 at 2).

         Petition

         The United Stales Probation Office filed an Amended Petition requesting that the Court revoke Jackson's supervised release on May 23, 2019. (Doc. 90). The Amended Petition alleged that Jackson had violated the conditions of his supervised release by: 1) using mcthamphetamine; 2) by committing another crime; 3) by consuming alcohol; 4) by failing to report for substance abuse testing; 5) by using cocaine; 6) by failing to report for substance abuse treatment; and 7) by possessing methamphetamine.

         Tnitial appearance

         Jackson appeared before the undersigned for his initial appearance on June 5, 2019. (Doc. 92). Jackson was represented by counsel. Jackson stated that he had read the petition and that he understood the allegations. Jackson 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. Jackson admitted that he had violated the conditions of his supervised release: 1) using methamphetamine; 2) by committing another crime; 3) by consuming alcohol; 4) by failing to report for substance abuse testing; 5) by using cocaine; 6) by failing to report for substance abuse treatment; and 7) by possessing methamphetamine. The violations are serious and warrant revocation of Jackson's supervised release.

         Jackson's violations are Grade C violations. Jackson's criminal history category is I. Jackson's underlying offense is a Class C felony. Jackson could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 20 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Jackson's supervised release should be revoked. Jackson should be incarcerated for 9 months, with no supervised release to follow. This sentence ...


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