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United States v. James

United States District Court, D. Montana, Billings Division

December 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDY JAMES, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant 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.

         II. Status

         James 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).

         Petition

         The 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.

         Initial appearance

         James 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.

         Revocation hearing

         The 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 supervised release.

         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.

         III. Analysis

         James's supervised release should be revoked. James should receive a term of custody of time served, with no supervised release to follow. This ...


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