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United States v. Rider

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

October 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LLOYD THOMAS RIDER, III, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Lloyd Thomas Rider, III (Rider) has been accused of violating the conditions of his supervised release. Rider admitted all of the alleged violations, except alleged violations 1, 4 and 5. The government did not attempt to prove alleged violations 1 and 4. The government satisfied its burden of proof with respect to alleged violation 5. Rider's supervised release should be revoked. Rider should be placed in custody for 9 months, with 18 months of supervised release to follow.

         II. Status

         Rider pleaded guilty to Being a Felon in Possession of a Firearm and Ammunition on December 16, 2015. (Doc. 20). The Court sentenced Rider to 30 months of custody, followed by 3 years of supervised release. (Doc. 29). Rider's current term of supervised release began on June 21, 2019. (Doc. 62 at 2).

         Petition

         The United States Probation Office filed a Petition requesting that the Court revoke Rider's supervised release on September 10, 2019. (Doc. 62). The Petition alleges that Rider violated the conditions of his supervised release: 1) by committing another crime; 2) by consuming alcohol; 3) by using methamphetamine; 4) by using a controlled substance; and 5) by knowingly communicating with a person convicted of a felony without first obtaining the permission of his probation officer. (Doc. 62 at 2-3). United States District Judge Brian Morris issued a warrant for Rider's arrest on September 10, 2019. (Doc. 63).

         Initial appearance

         Rider appeared before Judge Morris for his initial appearance on September 16, 2019. Rider was represented by counsel. Rider stated that he had read the petition and that he understood the allegations. Rider 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 joint revocation hearing in this case and in Cause CR 11-69-GF-BMM on October 3, 2019. Rider admitted that he had violated the conditions of his supervised release: 1) by consuming alcohol; and 2) by using methamphetamine. The government did not attempt to prove alleged violations 1 and 4. The government satisfied its burden of proof with respect to alleged violation 5. The violations that Rider admitted and that the government proved are serious and warrant revocation of Rider's supervised release.

         Rider's violations are Grade C violations. Rider's criminal history category is III. Rider's underlying offense is a Class C felony. Rider could be incarcerated for up to 24 months. He could be ordered to remain on supervised release for up to 27 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 5 to 11 months in Cause CR 11-69-GF-BMM, and a term of custody of 5 to 11 months in Cause CR 15-68-GF-BMM.

         III. Analysis

         Rider's supervised release should be revoked. Rider should be incarcerated for 9 months, with 18 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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