United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
Seth Amos Nelson (Nelson) has been accused of violating the
conditions of his supervised release. Nelson admitted alleged
violations 1, 2, 4, 11, 12, 13, 14 and 15. The government
satisfied its burden of proof with respect to alleged
violations 3, 5, 6, 8, 9 and 10. The Court dismissed alleged
violation 7 on the government's motion. Nelson's
supervised release should be revoked. Nelson should be placed
in custody for 2 months, with 70 months of supervised release
to follow. Nelson should receive credit for time served.
Nelson should serve the first 60 days of supervised release
at an inpatient chemical dependency treatment center
designated by the United States Probation Office. Special
Condition 1 should be amended to require Nelson to
participate in up to 365 urinalysis tests, 365 breath tests
and 52 sweat patch tests annually during the period of
pleaded guilty on February 12, 2008, to Conspiracy to
Manufacture Methamphetamine, and being a Felon in Possession
of a Firearm. (Doc. 34). The Court sentenced Nelson to 188
months of custody, followed by 6 years of supervised release.
(Doc. 66). Nelson's current term of supervised release
began on August 28, 2017. (Doc. 118 at 1).
United States Probation Office filed an Amended Petition on
September 3, 2019, requesting that the Court revoke
Nelson's supervised release. (Doc. 124). The Amended
Petition alleged that Nelson had violated the conditions of
his supervised release: 1) by failing to report for substance
abuse testing; 2) by using methamphetamine and amphetamine;
3) by failing to notify his probation officer of a contact
with law enforcement; 4) by failing to report for substance
abuse treatment; and 5) by committing another crime.
appeared before the undersigned for his initial appearance on
the Amended Petition on September 3, 2019. Nelson was
represented by counsel.
stated that he had read the petition and that he understood
the allegations. Nelson 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 the Amended Petition
on September 3, 2019. Nelson admitted that he had violated
the conditions of his supervised release: 1) by failing to
report for substance abuse testing; 2) by failing to notify
his probation officer of a contact with law enforcement; and
3) by failing to report for substance abuse treatment. The
government satisfied its burden of proof with respect to
alleged violations 3, 5, 6, 8, 9 and 10. The Court dismissed
alleged violation 7 on the government's motion. The
violations that Nelson admitted and that the government
proved are serious and warrant revocation of Nelson's
violations are Grade C violations. Nelson's criminal
history category is IV. Nelson's underlying offenses are
Class B and Class C felonies. Nelson could be incarcerated
for up to 36 months. Nelson could be ordered to remain on
supervised release for up to 72 months, less any custody time
imposed. The United States Sentencing Guidelines call for a
term of custody of 6 to 12 months.