United States District Court, D. Montana, Billings Division
FINDINGS AND RECOMMENDATIONS
JOHNSTON UNITED STATES MAGISTRATE JUDGE.
Randy James (James) has been accused of violating the
conditions of his supervised release. James admitted all of
the alleged violations. James's supervised release should
be revoked. James should receive a term of custody of time
served, with no supervised release to follow.
was found guilty following a jury trial of Conspiracy to
Possess Methamphetamine with Intent to Distribute, Possession
with Intent to Distribute Methamphetamine, and Carrying a
Firearm in Relation to a Drug Trafficking Offense. (Doc.
444). The Court sentenced James to 235 months of custody,
followed by 5 years of supervised release. (Doc. 500).
James's current term of supervised release began on
August 16, 2019. (Doc. 891 at 2).
United States Probation Office filed a Petition on September
16, 2019, 2019, requesting that the Court revoke James's
supervised release. (Doc. 891). The Petition alleged that
James had violated the conditions of his supervised release:
1) by failing to report to his probation officer as directed;
and 2) by failing to report for substance abuse treatment and
mental health treatment.
appeared before the undersigned for his initial appearance on
December 4, 2019. James was represented by counsel. James
stated that he had read the petition and that he understood
the allegations. James waived his right to a preliminary
hearing. The parties consented to proceed with the revocation
hearing before the undersigned.
Court conducted a revocation hearing on December 4, 2019.
James admitted that he had violated the conditions of his
supervised release: 1) by failing to report to his probation
officer as directed; and 2) by failing to report for
substance abuse treatment and mental health treatment. The
violations are serious and warrant revocation of James's
violations are Grade C violations. James's criminal
history category is II. James's underlying offenses are
Class A and Class D felonies. James could be incarcerated for
up to 60 months. James could be ordered to remain on
supervised release for up to 56 months, less any custody time
imposed. The United States Sentencing Guidelines call for a
term of custody of 4 to 10 months.
supervised release should be revoked. James should receive a
term of custody of time served, with no supervised release to
follow. This ...