United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge
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
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).
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.
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.
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
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.
supervised release should be revoked. Baronc should be
incarcerated for a term of time served, with no supervised
release to follow. This ...