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United States v. Kipp

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

December 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DELANO THOMAS KIPP, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE.

         I. Synopsis

         Defendant Delano Thomas Kipp (Kipp) has been accused of violating the conditions of his supervised release. Kipp admitted all of the alleged violations. Kipp's supervised release should be revoked. Kipp should be placed in custody for 7 months, with 25 months of supervised release to follow. Kipp should receive credit for the 131 days he has served in state custody.

         II. Status

         Kipp pleaded guilty to Conspiracy to Possess with the Intent to Distribute Methamphetamine on March 4, 2014. (Doc. 20). The Court sentenced Kipp to 72 months of custody, followed by 36 months of supervised release. (Doc. 31). Kipp's current term of supervised release began on March 4, 2019. (Doc. 55 at 2).

         Petition

         The United States Probation Office filed a Petition on August 8, 2019, requesting that the Court revoke Kipp's supervised release. (Doc. 55). The Petition alleges that Kipp violated the conditions of his supervised release: 1) by using a controlled substance; 2) by committing another crime; 3) by failing to follow the instructions of his probation officer; and 4) by consuming alcohol. (Doc. 55 at 2-3).

         Initial appearance

         Kipp appeared before the undersigned for his initial appearance on December 12, 2019. Kipp was represented by counsel. Kipp stated that he had read the petition and that he understood the allegations. Kipp 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 12, 2019. Kipp admitted that he had violated the conditions of his supervised release: 1) by using a controlled substance; 2) by committing another crime; 3) by failing to follow the instructions of his probation officer; and 4) by consuming alcohol. The violations are serious and warrant revocation of Kipp's supervised release.

         Kipp's violations are Grade C violations. Kipp's criminal history category is I. Kipp's underlying offense is a Class C felony. Kipp could be incarcerated for up to 24 months. He 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 3 to 9 months.

         III. Analysis

         Kipp's supervised release should be revoked. Kipp should be incarcerated for 7 months, with 25 months of supervised release to follow. Kipp should receive credit for the 131 days he has served in state custody. The supervised release conditions imposed previously ...


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