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United States v. Romero

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

December 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON LEE ROMERO, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Brandon Lee Romero (Romero) has been accused of violating the conditions of his supervised release. Romero admitted the alleged violation. Romero's supervised release should be revoked. Romero should be placed in custody for 8 months, with 12 months of supervised release to follow. Romero should serve the first 60 days of supervised release at Connections Corrections in Butte, Montana.

         II. Status

         Romero pleaded guilty to Assault Resulting in Serious Bodily Injury on June 30, 2015. (Doc. 47). The Court sentenced Romero to 27 months of custody, followed by 2 years of supervised release. (Doc. 64). Romero's current term of supervised release began on November 13, 2019. (Doc. 114 at 1).

         Petition

         The United States Probation Office filed a Petition on November 18, 2019, requesting that the Court revoke Romero's supervised release. (Doc. 114). The Petition alleged that Romero had violated the conditions of his supervised release by failing to report for his 60-day term at Connections Corrections.

         Initial appearance

         Romero appeared before the undersigned for his initial appearance on December 12, 2019. Romero was represented by counsel. Romero stated that he had read the petition and that he understood the allegations. Romero 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. Romero admitted that he had violated the conditions of his supervised release by failing to report for his 60-day term at Connections Corrections. The violation is serious and warrants revocation of Romero's supervised release.

         Romero's violation is a Grade C violation. Romero's criminal history category is I. Romero's underlying offense is a Class C felony. Romero could be incarcerated for up to 24 months. Romero 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

         Romero's supervised release should be revoked. Romero should be incarcerated for 8 months, with 12 months of supervised release to follow. Romero should serve the first 60 days of supervised release at Connections Corrections in Butte, ...


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