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United States v. Red Eagle

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

December 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PAUL DARRELL RED EAGLE, SR., Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Paul Darrell Red Eagle, Sr. (Red Eagle) has been accused of violating the conditions of his supervised release. Red Eagle admitted all of the alleged violations. Red Eagle's supervised release should be revoked. Red Eagle should be placed in custody for 5 months, with 27 months of supervised release to follow. Red Eagle should serve up to the first 180 days of supervised release in a residential re-entry center, as directed by his probation officer.

         II. Status

         Red Eagle pleaded guilty to Possession with the Intent to Distribute Methamphetamine on October 19, 2015. (Doc. 51). The Court sentenced Red Eagle to 40 months of custody, followed by 3 years of supervised release. (Doc. 75). Red Eagle's current term of supervised release began on May 17, 2019. (Doc. 105 at 1).

         Petition

         The United States Probation Office filed a Petition on July 15, 2019, requesting that the Court revoke Red Eagle's supervised release. (Doc. 105). The Petition alleges that Red Eagle violated the conditions of his supervised release: 1) by failing to notify his probation officer of a change in residence; 2) by failing to report for substance abuse treatment; and 3) by failing to report for substance abuse testing. (Doc. 105 at 2-3). United States District Court Judge Brian Morris issued a warrant for Red Eagle's arrest.

         Initial appearance

         Red Eagle appeared before the undersigned for his initial appearance on December 23, 2019. Red Eagle was represented by counsel. Red Eagle stated that he had read the petition and that he understood the allegations. Red Eagle 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 23, 2019. Red Eagle admitted that he had violated the conditions of his supervised release: 1) by failing to notify his probation officer of a change in residence; 2) by failing to report for substance abuse treatment; and 3) by failing to report for substance abuse testing. The violations are serious and warrant revocation of Red Eagle's supervised release.

         Red Eagle's violations are Grade C violations. Red Eagle's criminal history category is I. Red Eagle's underlying offense is a Class C felony. Red Eagle 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

         Red Eagle's supervised release should be revoked. Red Eagle should be incarcerated for 5 months, with 27 months of supervised release to follow. Red Eagle should serve up to the first 180 days of supervised release in a residential reentry center, as directed by his probation officer. The supervised release conditions imposed ...


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