Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Melbourne

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

November 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY D. MELBOURNE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston Judge

         I. Synopsis

         Defendant Anthony D. Melbourne (Melbourne) has been accused of violating the conditions of his supervised release. The Court treated alleged violations 4 and 5 as a single violation given that they involved the same conduct. Melbourne admitted the alleged violations. Melbourne's supervised release should be revoked. Melbourne should be placed in custody for 1 month, with 59 months of supervised release to follow. Melbourne should serve at least the first 60 days of supervised release at Connections Corrections in Warm Springs, Montana.

         II. Status

         Melbourne pleaded guilty to Second Degree Murder on March 17, 2009. (Doc. 12). The Court sentenced Melbourne to 168 months of custody, followed by 5 years of supervised release. (Doc. 15). Melbourne's current term of supervised release began on September 6, 2019. (Doc. 38 at 1).

         Petition

         The United States Probation Office filed a Petition on November 18, 2019, requesting that the Court revoke Melbourne's supervised release. (Doc. 38). The Petition alleges that Melbourne violated the conditions of his supervised release by consuming alcohol on five separate occasions. (Doc. 38 at 1-2).

         Initial appearance

         Melbourne appeared before the undersigned for his initial appearance on November 19, 2019. Melbourne was represented by counsel. Melbourne stated that he had read the petition and that he understood the allegations. Melbourne 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 November 19, 2019. The Court treated alleged violations 4 and 5 as a single violation given that they involved the same conduct. Melbourne admitted that he had violated the conditions of his supervised release by consuming alcohol on four separate occasions. The violations are serious and warrant revocation of Melbourne's supervised release.

         Melbourne's violations are Grade C violations. Melbourne's criminal history category is IV. Melbourne's underlying offense is a Class A felony. Melbourne could be incarcerated for up to 60 months. Melbourne could be ordered to remain on supervised release for up to 60 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months.

         III. Analysis

         Melbourne's supervised release should be revoked. Melbourne should be incarcerated for 1 month, with 59 months of supervised release to follow. Melbourne should serve at least the first 60 days of supervised release at Connections Corrections in Warm Springs, Montana. The supervised release conditions ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.