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United States v. Louise Radasa

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

January 13, 2020

UTED STATES OF AMERICA, Plaintiff,
v.
NAT ASHA LOUISE RADASA, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge

         I. Synopsis

         Defendant Natasha Louise Radasa (Radasa) has been accused of violating the conditions of her supervised release. Radasa admitted all of the alleged violations, except alleged violation 1. The Court dismissed alleged violation 1 on the government's motion. Radasa's supervised release should be revoked. Radasa should be placed in custody fr 2 months, with 34 months of supervised release to follow. The supervised release conditions imposed previously should be continued. Rdasa should be allowed to request an early termination of supervised release if she successfully completes 12 continuous months of supervised release without any violations.

         II. Status

         Radasa pleaded guilty on November 12, 2015, to Conspiracy to Possess Methamphetamine with Intent to Distribute. (Doc. 24). The Court sentenced Radasa to 48 months of custody, followed by 3 years of supervised release. (Doc. 32). Radasa's current term of supervised release began on March 9, 2018. (Doc. 40 at 1).

         Petition

         The United States Probation Office filed a Petition on January 2, 2020, 2019, requesting that the Court revoke Radasa's supervised release. (Doc. 45). The Petition alleged that Radasa violated the conditions of her supervised release: 1) by committing another crime; 2) by failing to notify her probation officer of a contact with law enforcement; and 3) by failing to notify her probation officer of a change in employment status.

         Initial appearance

         Radasa appeared before the undersigned for her initial appearance on January 9, 2020. Radasa was represented by counsel. Radasa stated that she had read the petition and that she understood the allegations. Radasa waived her 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 January 9, 2020. Radasa admitted that she had violated the conditions of his supervised release: 1) by failing to notify her probation officer of a contact with law enforcement; and 2) by failing to notify her probation officer of a change in employment status. Radasa did not admit or deny alleged violation 1. The Court dismissed alleged violation 1 on the government's motion. The violations that Radasa admitted are serious and warrant revocation of her supervised release.

         Radasa's violations are Grade C violations. Radasa's criminal history category is II. Radasa's underlying offense is a Class C felony. Radasa could be incarcerated for up to 24 months. Radasa 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 4 to 10 months.

         III. Analysis

         Radasa's supervised release should be revoked. Radasa should be incarcerated for 2 months, with 34 months of supervised release to follow. The supervised release conditions imposed previously should be ...


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