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United States v. Hall

United States District Court, D. Montana, Billings Division

August 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ELWOOD G. HALL, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston, United States Magistrate Judge.

         I. Synopsis

         Defendant Elwood G. Hall (Hall) has been accused of violating the conditions of his supervised release. Hall admitted all of the alleged violations, except one. Hall's supervised release should be revoked. Hall should be placed in custody for 6 months, with 30 months of supervised release to follow. The Court should consider an early termination of Hall's supervised release if he successfully completes his sex offender treatment program while on supervised release.

         II. Status

         Hall pleaded guilty to escape in 1990. The Court sentenced Hall to 30 months of custody, followed by 60 months of supervised release on June 20, 1990. (Doc. 56 in Cause CV 90-17-GF-BMM). The Court ordered that the sentence run concurrent with Hall's sentence in Cause CV 90-17-GF-BMM. Id. Hall's current term of supervised release began on June 18, 2019. (Doc. 47 at 2).

         Petition

         The United States Probation Office filed a Petition on August 7, 2019, requesting that the Court revoke Hall's supervised release. (Doc. 47). The Petition alleges that Hall violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by consuming alcohol; 3) by failing to report for substance abuse testing; 4) by failing to notify his probation officer of a change in residence; and 5) by failing to report for substance abuse treatment. (Doc. 47 at 2-3). United States District Judge Brian Morris issued a warrant for Hall's arrest on August 9, 2019. (Doc. 47).

         Initial appearance

         Hall appeared before the undersigned for his initial appearance on August 13, 2019. Hall was represented by counsel. Hall stated that he had read the petition and that he understood the allegations. Hall 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 90-17-GF-BMM on August 13, 2019. Hall admitted that he had violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by consuming alcohol; 3) by failing to report for substance abuse testing; and 4) by failing to report for substance abuse treatment. The government did not attempt to prove alleged violation 5. The violations that Hall admitted are serious and warrant revocation of Hall's supervised release.

         Hall's violations are Grade C violations. Hall's criminal history category is IV. Hall's underlying offense is a Class B felony. Hall could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months.

         III. Analysis

         Hall's supervised release should be revoked. Hall should be incarcerated for 6 months, with 30 months of supervised release to follow. The Court should consider an early termination of Hall's supervised release if he successfully completes his sex offender treatment program ...


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