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United States v. Russette

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

September 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KYLE RUSSETTE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Kyle Russctte (Russette) has been accused of violating the conditions of his supervised release. Russette admitted all of the alleged violations, except alleged violation 12. Russette's supervised release should be revoked. Russette should be placed in custody for 6 months, with 30 months of supervised release to follow. Russette should receive credit for time served since April 10, 2019.

         II. Status

         Russette pleaded guilty to Assault with a Dangerous Weapon on November 17, 2014. (Doc. 29). The Court sentenced Russette to 52 months of custody, followed by 3 years of supervised release. (Doc. 39). Russette's current term of supervised release began on November 21, 2018. (Doc. 45 at 1).

         Petition

         The United States Probation Office filed an Amended Petition on September 4, 2019, requesting that the Court revoke Russcttc's supervised release. (Doc. 45). The Amended Petition alleged that Russette had violated the conditions of his supervised release: 1) by failing to report to his probation officer as directed; 2) by using controlled substances; 3) by failing to answer truthfully questions asked by his probation officer; 4) by committing other crimes; and 5) by consuming alcohol.

         Initial appearance

         Russette appeared before the undersigned for his initial appearance on September 5, 2019. Russette was represented by counsel. Russette stated that he had read the petition and that he understood the allegations. Russette 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 September 11, 2019. Russette admitted that he had violated the conditions of his supervised release: 1) by failing to report to his probation officer as directed; 2) by using controlled substances; 3) by failing to answer truthfully questions asked by his probation officer; 4) by committing other crimes; and 5) by consuming alcohol. Russctte did not admit alleged violation 12. The government did not attempt to prove alleged violation 12. The violations that Russette admitted are serious and warrant revocation of Russette's supervised release.

         Russette's violations are Grade C violations. Russette's criminal history category is I. Russette's underlying offense is a Class C felony, Russette 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 3 to 9 months.

         III. Analysis

         Russette's supervised release should be revoked. Russette should be incarcerated for 6 months, with 30 months of supervised release to follow. This ...


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