United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge
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.
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).
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.
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.
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.
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.
supervised release should be revoked. Russette should be
incarcerated for 6 months, with 30 months of supervised
release to follow. This ...