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United States v. Longee

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

January 14, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
ARTHUR DION LONGEE, Defendant.

          FINDINGS AND RECOMMENDATIONS

          JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         Defendant Arthur Dion Longee (Longee) has been accused of violating the conditions of his supervised release. Longee admitted all of the alleged violations, except alleged violation 3. The Court dismissed alleged violation 3 on the government's motion. Longee's supervised release should be revoked. Longee should be placed in custody for 12 months, with no supervised release to follow.

         II. Status

         Longee pleaded guilty to Sexual Abuse of a Minor on October 22, 2012. (Doc. 34). The Court sentenced Longee to 24 months of custody, followed by 10 years of supervised release. (Doc. 42). Longee's current term of supervised release began on August 14, 2019. (Doc. 117 at 3).

         Petition

         The United States Probation Office filed a Petition on November 18, 2019, 2019, requesting that the Court revoke Longee's supervised release. (Doc. 117). The Petition alleged that Longee had violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; 2) by using methamphetamine; and 3) by failing to report for sex offender treatment.

         Initial appearance

         Longee appeared before the undersigned for his initial appearance on January 14, 2020. Longee was represented by counsel. Longee stated that he had read the petition and that he understood the allegations. Longee 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 14, 2020. Longee admitted that he had violated the conditions of his supervised release: 1) by failing to report for substance abuse treatment; and 2) by using methamphetamine. Longee denied alleged violation 3. The Court dismissed alleged violation 3 on the government's motion. The violations that Longee admitted are serious and warrant revocation of his supervised release.

         Longee's violations are Grade C violations. Longee's criminal history category is I. Longee's underlying offense is a Class C felony. Longee could be incarcerated for up to 24 months. Longee could be ordered to remain on supervised release for up to 85 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 3 to 9 months.

         III. Analysis

         Longee's supervised release should be revoked. Longee should be incarcerated for 12 months, with no months of supervised release to follow. This ...


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