United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS
Johnston United States Magistrate Judge.
Emerson Paul Birdtail II (Birdtail) has been accused of
violating the conditions of his supervised release. Birdtail
admitted alleged violations 2 and 3. With respect to alleged
violation 1, Birdtail did not admit or deny that he had
committed another crime. Birdtail admitted only that he had
received criminal citations from a Montana Highway Patrol
Officer on or about June 16, 2019. The government did not
attempt to prove alleged violation 1.
supervised release should be revoked. Birdtail should be
placed in custody for 4 months, with 28 months of supervised
release to follow, Birdtail should be allowed to self-report
for his term of custody. Birdtail should report for his term
of custody on or 12:00 p.m. (noon) on December 20, 2019.
Birdtail should serve the first 90 days of supervised release
subject to home confinement. Birdtail should be restricted to
his residence at all times except for employment, school, and
activities pre-approved by the United States Probation
pleaded guilty to Assault Resulting in Serious Bodily Injury
on April 23, 2015. (Doc. 21). The Court sentenced Birdtail to
34 months of custody, followed by 3 years of supervised
release. (Doc. 27). Birdtail's current term of supervised
release began on July 27, 2018. (Doc. 52 at 1).
United States Probation Office filed an Amended Petition on
November 21, 2019, requesting that the Court revoke
Birdtail's supervised release. (Doc. 52). The Amended
Petition alleged that Birdtail had violated the conditions of
his supervised release: 1) by committing another other crime;
and 2) by consuming alcohol on two separate occasions.
appeared before the undersigned for his initial appearance on
the Amended Petition on December 5, 2019. Birdtail was
represented by counsel. Birdtail stated that he had read the
petition and that he understood the allegations. Birdtail
waived his right to a preliminary hearing. The parties
consented to proceed with the revocation hearing before the
Court conducted a revocation hearing on December 5, 2019.
Birdtail admitted that he had violated the conditions of his
supervised release by consuming alcohol on two separate
occasions. With respect to alleged violation 1, Birdtail did
not admit or deny that he had committed another crime.
Birdtail admitted only that he had received criminal
citations from a Montana Highway Patrol Officer on or about
June 16, 2019. The government did not attempt to prove
alleged violation 1. The violations that Birdtail admitted
are serious and warrant revocation of Birdtail's
violations are Grade C violations. Birdtail's criminal
history category is IV. Birdtail's underlying offense is
a Class C felony. Birdtail could be incarcerated for up to 24
months. Birdtail could be ordered to remain on supervised
release for up to 32 months, less any custody time imposed.
The United States Sentencing Guidelines call for a term of
custody of 6 to 12 months.