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United States v. Bearchild

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

January 14, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
LOUIE BEARCHILD, Defendant.

          FINDINGS AND RECOMMENDATIONS

          John Johnston United States Magistrate Judge.

         I. Synopsis

         Defendant Louie Bearchild (Bearchild) has been accused of violating the conditions of his supervised release. Bearchild admitted the alleged violations. Bearchild's supervised release should be revoked. Bearchild should be placed in custody for 6 months, with 21 months of supervised release to follow. Bearchild should be subject to the same supervised release conditions imposed previously, with one exception. Bearchild should not be required to serve the first 60 days of supervised release at an inpatient substance abuse treatment facility.

         II. Status

         Bearchild pleaded guilty to Assault Resulting in Serious Bodily Injury on December 20, 2012. (Doc. 65). The Court sentenced Bearchild to 63 months of custody, followed by 3 years of supervised release. (Doc. 38). Bearchild's current term of supervised release began on October 18, 2019. (Doc. 84 at 2).

         Petition

         The United States Probation Office filed a Petition on November 5, 2019, 2019, requesting that the Court revoke Bearchild's supervised release. (Doc. 84). The Petition alleged that Bearchild had violated the conditions of his supervised release: 1) by using marijuana; and 2) by failing to complete his 60-day inpatient drug treatment program.

         Initial appearance

         Bearchild appeared before the undersigned for his initial appearance on January 14, 2020. Bearchild was represented by counsel. Bearchild stated that he had read the petition and that he understood the allegations. Bearchild 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. Bearchild admitted that he had violated the conditions of his supervised release: 1) by using marijuana; and 2) by failing to complete his 60-day inpatient drug treatment program. The violations are serious and warrant revocation of Bearchild's supervised release.

         Bearchild's violations are Grade C violations. Bearchild's criminal history category is IV. Bearchild's underlying offense is a Class C felony. Bearchild could be incarcerated for up to 24 months. Bearchild could be ordered to remain on supervised release for up to 30 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 6 to 12 months.

         III. Analysis

         Bearchild's supervised release should be revoked. Bearchild should be incarcerated for 6 months, with 21 months of supervised release to follow. Bearchild should be subject to the same supervised release conditions imposed previously, with one exception. Bearchild should not be required to serve the first 60 days of supervised release at an inpatient ...


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