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United States v. Eder

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

November 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHANNING EDER, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Channing Eder (Eder) has been accused of violating the conditions of his supervised release. Eder admitted the alleged violation. Eder's supervised release should be revoked. Eder should be placed in custody for 6 months, with 18 months of supervised release to follow. Eder should serve the first 60 days of supervised release in an inpatient substance abuse treatment program. Eder should undergo substance abuse treatment at a facility other than Connections Corrections, if possible.

         II. Status

         Eder pleaded guilty to Assault Resulting in Serious Bodily Injury on September 30, 2008. (Doc. 31). The Court sentenced Eder to 33 months of custody, followed by 3 years of supervised release. (Doc. 34). Eder's current term of supervised release began on October 17, 2019. (Doc. 80 at 2).

         Petition

         The United States Probation Office filed a Petition on November 4, 2019, requesting that the Court revoke Eder's supervised release. (Doc. 80). The Petition alleges that Eder violated the conditions of his supervised release by failing to complete his 60-day inpatient substance abuse treatment program at Connections Corrections.

         Initial appearance

         Eder appeared before the undersigned for his initial appearance on November 25, 2019. Eder was represented by counsel. Eder stated that he had read the petition and that he understood the allegations. Eder 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 08-123-GF-BMM on November 25, 2019. Eder admitted that he had violated the conditions of his supervised release by failing to complete his 60-day inpatient substance abuse treatment program at Connections Corrections. The violation is serious and warrants revocation of Eder's supervised release.

         Eder's violation is a Grade C violation. Eder's criminal history category is I. Eder's underlying offense in this case is a Class C felony, Eder's underlying offense in Cause CR 08-123-GF-BMM is a Class A felony. Eder could be incarcerated for up to 24 months. Eder could be ordered to remain on supervised release for up to 24 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Eder's supervised release should be revoked. Eder should be incarcerated for 6 months, with 18 months of supervised release to follow. Eder should serve the first 60 days of supervised release in an inpatient substance abuse treatment program. Eder should undergo substance abuse treatment at a facility other than ...


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