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United States v. Armitage

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

December 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID LEE ARMITAGE, Defendant.

          AMENDED FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON JUDGE

         I. Synopsis

         Defendant David Lee Armitage (Armitage) has been accused of violating the conditions of his supervised release. Armitage admitted all of the alleged violations, except one. Armitage denied alleged violation 6. The government did not attempt to prove alleged violation 6. Armitage's supervised release should be revoked. Armitage should be placed in custody for 3 months, with 21 months of supervised release to follow. Armitage should serve the first 60 days of supervised release in an inpatient substance abuse treatment facility.

         II. Status

         Armitage pleaded guilty to Possession of an Unregistered Firearm on April 26, 2016. (Doc. 23). The Court sentenced Armitage to 37 months of custody, followed by 2 years of supervised release. (Doc. 30). Armitage's current term of supervised release began on February 12, 2019. (Doc. 45 at 1).

         Petition

         The United States Probation Office filed a Third Amended Petition on November 25, 2019, requesting that the Court revoke Armitage's supervised release. (Doc. 45). The Third Amended Petition alleges that Armitage violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; 2) by failing to report for substance abuse testing; 3) by using methamphetamine; 4) by using marijuana; and 5) by failing to notify his probation officer of a change in his living arrangements. (Doc. 45 at 2-3).

         Initial appearance

         Armitage appeared before the undersigned for his initial appearance on the Third Amended Petition on December 4, 2019. Armitage was represented by counsel. Armitage stated that he had read the petition and that he understood the allegations. Armitage 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. Armitage admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; 2) by failing to report for substance abuse testing; 3) by using methamphetamine; and 4) by using marijuana. Armitage denied alleged violation 6. The government did not attempt to prove alleged violation 6. The violations that Armitage admitted are serious and warrant revocation of Armitage's supervised release.

         Armitage's violations are Grade C violations. Armitage's criminal history category is V. Armitage's underlying offense is a Class C felony. Armitage could be incarcerated for up to 24 months. He 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 7 to 13 months.

         III. Analysis

         Armitage's supervised release should be revoked. Armitage should be incarcerated for 3 months, with 21 months of supervised release to follow. Armitage should serve the first 60 days of supervised release in an inpatient substance abuse treatment facility. The supervised release conditions imposed ...


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