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United States v. Paul Mitchell

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

October 29, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT MATTHEW PAUL MITCHELL, SR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Robert Matthew Paul Mitchell, Sr. (Mitchell) has been accused of violating the conditions of his supervised release. Mitchell admitted the alleged violation. Mitchell's supervised release should be revoked. Mitchell should be placed in custody for 9 months, with a lifetime of supervised release to follow. Mitchell should serve the first 60 days of supervised release in a secure inpatient drug treatment facility.

         II. Status

         Mitchell pleaded guilty to Sexual Abuse on December 27, 2006. (Doc. 20). The Court sentenced Mitchell to 150 months of custody, followed by supervised release for life, (Doc. 25). Mitchell's current term of supervised release began on January 16, 2019. (Doc. 67 at 2).

         Petition

         The United States Probation Office filed a Petition on August 13, 2019, requesting that the Court revoke Mitchell's supervised release. (Doc. 67). The Petition alleged that Mitchell had violated the conditions of his supervised release by failing to notify his probation officer of a change in residence.

         Initial appearance

         Mitchell appeared before the undersigned for his initial appearance on October 21, 2019. Mitchell was represented by counsel. Mitchell stated that he had read the petition and that he understood the allegations. Mitchell 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 21, 2019, and on October 29, 2019. Mitchell admitted that he had violated the conditions of his supervised release by failing to notify his probation officer of a change in residence. The violation is serious and warrants revocation of Mitchell's supervised release.

         Mitchell's violation is a Grade C violation. Mitchell's criminal history category is V. Mitchell's underlying offense is a Class C felony. Mitchell could be incarcerated for up to 24 months. Mitchell could be ordered to remain on supervised release for up to life, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 7 to 13 months.

         III. Analysis

         Mitchell's supervised release should be revoked. Mitchell should be incarcerated for 9 months, with a lifetime of supervised release to follow. Mitchell should serve the first 60 days of supervised release in a secure inpatient drug treatment ...


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