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United States v. Cochran

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

December 31, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JUSTIN LEN COCHRAN, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Justin Len Cochran (Cochran) has been accused of violating the conditions of his supervised release. Cochran admitted all of the alleged violations, except alleged violation 2. The Court dismissed alleged violation 2 on the government's motion. Cochran's supervised release should be revoked. Cochran should be placed in custody for 4 months, with 32 months of supervised release to follow. Cochran should serve the first 60 days of supervised release in a secure inpatient substance abuse treatment center. Cochran should serve up to the next 180 days in a residential re-entry center, as directed by his probation officer.

         II. Status

         Cochran pleaded guilty to being a Felon in Possession of a Firearm on November 5, 2014. (Doc. 20). The Court sentenced Cochran to 56 months of custody, followed by 3 years of supervised release. (Doc. 27). Cochran's current term of supervised release began on September 5, 2019. (Doc. 54 at 1).

         Petition

         The United States Probation Office filed a Petition on December 23, 2019, requesting that the Court revoke Cochran's supervised release. (Doc. 54). The Petition alleged that Cochran had violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by failing to report for substance abuse treatment; 3) by failing to report for substance abuse testing; and 4) by consuming alcohol.

         Initial appearance

         Cochran appeared before the undersigned for his initial appearance on December 27, 2019. Cochran was represented by counsel. Cochran stated that he had read the petition and that he understood the allegations. Cochran 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 27, 2019. Cochran admitted that he had violated the conditions of his supervised release: 1) by using methamphetamine on two separate occasions; 2) by failing to report for substance abuse testing; and 3) by consuming alcohol. The Court dismissed alleged violation 2 on the government's motion. The violations that Cochran admitted are serious and warrant revocation of Cochran's supervised release.

         Cochran's violations are Grade C violations. Cochran's criminal history category is V. Cochran's underlying offense is a Class C felony. Cochran could be incarcerated for up to 24 months. Cochran could be ordered to remain on supervised release for up to 36 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 7 to 13 months.

         III. Analysis

         Cochran's supervised release should be revoked. Cochran should be incarcerated for 4 months, with 32 months of supervised release to follow. Cochran should serve the first 60 days of supervised release in a secure inpatient substance abuse treatment center. Cochran should serve up to the next 180 days in a residential re-entry center, as ...


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