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United States v. Barone

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

September 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MELISSA ANN BARONE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Melissa Ann Baronc (Barone) has been accused of violating the conditions of her supervised release. Barone admitted all of the alleged violations, except one. Barone's supervised release should be revoked. Baronc should be placed in custody for a term of time served, with no supervised release to follow.

         II. Status

         Baronc pleaded guilty on September 28, 2011, to Conspiracy to Possess Methamphetamine with Intent to Distribute. (Doc. 128). The Court sentenced Barone to 48 months of custody, followed by 4 years of supervised release. (Doc. 167). Barone's current term of supervised release began on October 16, 2017. (Doc. 238 at 2).

         Petition

          The United States Probation Office filed a Petition on August 29, 2019, requesting that the Court revoke Barone's supervised release. (Doe. 238). The Petition alleged that Barone violated the conditions of her supervised release: 1) by using a controlled substance; 2) by using methamphetamine; and 3) by failing to report for substance abuse testing.

         Initial appearance

         Barone appeared before the undersigned for her initial appearance on September 11, 2019. Barone was represented by counsel. Barone stated that she had read the petition and that she understood the allegations. Barone waived her 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 September 11, 2019. Barone admitted that she had violated the conditions of his supervised release: 1) by using methamphetamine; and 2) by failing to report for substance abuse testing. Barone did not admit alleged violation 1. The government did not attempt to prove alleged violation 1. The violations that Barone admitted are serious and warrant revocation of Barone's supervised release.

         Barone's violations are Grade C violations. Barone's criminal history category is II. Barone's underlying offense is a Class B felony. Baronc could be incarcerated for up to 36 months. She 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 4 to 10 months.

         III. Analysis

         Barone's supervised release should be revoked. Baronc should be incarcerated for a term of time served, with no supervised release to follow. This ...


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