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United States v. Dent

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

January 13, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
LESLIE DENT, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Leslie Dent (Dent) has been accused of violating the conditions of his probation. Dent admitted all of the alleged violations, except alleged violation 1. The government did not attempt to prove alleged violation 1. Dent's probation should be revoked. Dent should be placed in custody for 60 days, with 34 months of supervised release to follow.

         II. Status

         Dent pleaded guilty to the crime of Conspiracy to Possess with Intent to Distribute Marijuana on June 20, 2017, in the United States District Court for the District of Arizona. (Doc. 2-2). United States District Judge James A. Soto sentenced Dent to 36 months of probation. (Doc. 2-2). Dent's term of probation began on November 9, 2017. (Doc. 2-2 at 1).

         Petition

         The United States Probation Office filed an Amended Petition on January 7, 2020, requesting that the Court revoke Dent's probation. (Doc. 11). The Amended Petition alleges that Dent violated the conditions of his probation: 1) by committing another crime; 2) by using methamphetamine on four separate occasions; and 4) by failing to report for substance abuse testing. (Doc. 11 at 2-3).

         Initial appearance

         Dent appeared before the undersigned for his initial appearance on the Amended Petition on January 9, 2020. Dent was represented by counsel. Dent stated that he had read the petition and that he understood the allegations. Dent 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 January 9, 2020. Dent admitted that he had violated the conditions of his probation by: 1) using methamphetamine on four separate occasions; and 2) by failing to report for substance abuse testing. Dent did not admit or deny alleged violation 1. The government did not attempt to prove alleged violation 1. The violations that Dent admitted are serious and warrant revocation of Dent's probation.

         Dent's violations are Grade B violations. Dent's criminal history category is II. Dent's underlying offense is a Class D felony. Dent could be incarcerated for up to 5 years. Dent 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 in the range of 4 to 24 months.

         III. Analysis

         Dent's probation should be revoked. Dent should be incarcerated for 60 days, with 34 months of supervised release to follow. The supervision conditions imposed previously by Judge Soto should be ...


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