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United States v. Henderson

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

October 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JONATHAN JAMES HENDERSON, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Jonathan Henderson (Henderson) has been accused of violating the conditions of his supervised release. Henderson admitted all of the alleged violations. Henderson's supervised release should be revoked. Henderson should be placed in custody for 7 months, with 37 months of supervised release to follow. Henderson's supervised release conditions should be amended to include a condition that requires Henderson to complete a mental health treatment program approved by the United States Probation Office.

         II. Status

         Henderson pleaded guilty to Possession with Intent to Distribute Methamphetamine on April 10, 2013. (Doc. 26). The Court sentenced Henderson to 90 months of custody, followed by 4 years of supervised release. (Doc. 33). The Court reduced Henderson's term of custody to 70 months pursuant to 18 U.S.C. § 3582(c)(2) on May 27, 2015. (Doc. 41). Henderson's current term of supervised release began on December 14, 2018. (Doc. 63 at 2).

         Petition

         The United States Probation Office filed an Amended Petition requesting that the Court revoke Henderson's supervised release on August 12, 2019. (Doc. 63). The Amended Petition alleges that Henderson violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by failing to participate in substance abuse treatment; 3) by failing to follow the instructions of his probation officer; and 4) by failing to report for substance abuse testing.

         Initial appearance

         Henderson appeared before the undersigned for his initial appearance on the Amended Petition on October 3, 2019. Henderson was represented by counsel. Henderson stated that he had read the petition and that he understood the allegations. Henderson 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 October 3, 2019. Henderson admitted that he had violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by failing to participate in substance abuse treatment; 3) by failing to follow the instructions of his probation officer; and 4) by failing to report for substance abuse testing. The violations are serious and warrant revocation of Henderson's supervised release.

         Henderson's violations are Grade C violations. Henderson's criminal history category is II. Henderson's underlying offense is a Class B felony. Henderson could be incarcerated for up to 36 months. He could be ordered to remain on supervised release for up to 44 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months.

         III. Analysis

         Henderson's supervised release should be revoked. Henderson should be incarcerated for 7 months, with 37 months of supervised release to follow. Henderson's supervised release conditions should be amended to include a condition that requires Henderson to complete a mental health treatment program approved by ...


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