Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Jittawee Bear Cub

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

January 14, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
JITTAWEE BEAR CUB, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Jittawee Bear Cub (Bear Cub) has been accused of violating the conditions of his supervised release. Bear Cub admitted all of the alleged violations. Bear Cub's supervised release should be revoked. Bear Cub should be placed in custody for 6 months, with 49 months of supervised release to follow. The sentence imposed in this case should run concurrent with the sentences imposed in Causes CR 07-117-GF-BMM and CR 18-83-GF-BMM.

         II. Status

         Bear Cub pleaded guilty to Second Degree Murder on October 16, 2007. (Doc. 10). The Court sentenced Bear Cub to 188 months of custody, followed by 5 years of supervised release. (Doc. 23). Bear Cub's current term of supervised release began on November 1, 2019. (Doc. 133 at 2).

         Petition

         The United States Probation Office filed a Petition on December 11, 2019, requesting that the Court revoke Bear Cub's supervised release. (Doc. 133). The Petition alleges that Bear Cub violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to report for substance abuse treatment; 3) by failing to report for sex offender treatment; 3) by failing to report to his probation officer as directed; and 5) by failing to inform his probation officer of his current residence.

         Initial appearance

         Bear Cub appeared before the undersigned for his initial appearance on January 14, 2020. Bear Cub was represented by counsel. Bear Cub stated that he had read the petition and that he understood the allegations. Bear Cub 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 joint revocation hearing on January 14, 2020, for this case, Cause CR 05-09-GF-BMM and Cause CR 18-83-GF-BMM. Bear Cub admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse testing; 2) by failing to report for substance abuse treatment; 3) by failing to report for sex offender treatment; 3) by failing to report to his probation officer as directed; and 5) by failing to inform his probation officer of his current residence. The violations are serious and warrant revocation of Bear Cub's supervised release.

         Bear Cub's violations are Grade C violations. Bear Cub's criminal history category is II. Bear Cub's underlying offense in this case is a Class A felony. Bear Cub's underlying offense in Cause CR 05-09-GF-BMM is a Class C felony. Bear Cub's underlying offense in Cause CR 18-83-GF-BMM is a Class D felony. Bear Cub could be incarcerated for up to 60 months. Bear Cub could be ordered to remain on supervised release for up to 55 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 4 to 10 months in this case.

         III. Analysis

         Bear Cub's supervised release should be revoked. Bear Cub should be incarcerated for 6 months, with 49 months of supervised release to follow. This sentence is sufficient but not greater than necessary. The sentence imposed in this case should run ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.