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United States v. Kicking Woman

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

October 29, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
KYLE KANE KICKING WOMAN, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Kyle Kane Kicking Woman (Kicking Woman) has been accused of violating the conditions of his supervised release. Kicking Woman admitted all of the alleged violations. Kicking Woman's supervised release should be revoked. Kicking Woman should be placed in custody until 1:00 p.m. on November 4, 2019, with 29 months of supervised release to follow. Kicking Woman should serve the first 60 days of supervised release at Connections Corrections in Warm Springs, Montana.

         II. Status

         Kicking Woman pleaded guilty to Escape on July 10, 2018. (Doc. 20). The Court sentenced Kicking Woman to 14 months of custody, followed by 3 years of supervised release. (Doc. 32). Kicking Woman's current term of supervised release began on April 15, 2019. (Doc. 36 at 1).

         Petition

         The United States Probation Office filed a Petition on May 1, 2019, requesting that the Court revoke Kicking Woman's supervised release. (Doc. 36). The Petition alleged that Kicking Woman had violated the conditions of his supervised release: 1) by failing to report to his probation officer as directed; 2) by using methamphetamine; 3) by consuming alcohol; and 4) by failing to follow the instructions of his probation officer.

         Initial appearance

         Kicking Woman appeared before the undersigned for his initial appearance on October 29, 2019. Kicking Woman was represented by counsel. Kicking Woman stated that he had read the petition and that he understood the allegations. Kicking Woman 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 29, 2019. Kicking Woman 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 methamphetamine; 3) by consuming alcohol; and 4) by failing to follow the instructions of his probation officer. The violations are serious and warrant revocation of Kicking Woman's supervised release.

         Kicking Woman's violations are Grade C violations. Kicking Woman's criminal history category is IV. Kicking Woman's underlying offense is a Class D felony. Kicking Woman could be incarcerated for up to 24 months. Kicking Woman 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 6 to 12 months.

         III. Analysis

         Kicking Woman's supervised release should be revoked. Kicking Woman should be incarcerated until 1:00 p.m. on November 4, 2019, with 29 months of supervised release to follow. Kicking Woman should serve the first 60 days of supervised release at Connections Corrections in ...


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