Opinion
CR 16-73-GF-BMM-JTJ
06-02-2021
UNITED STATES OF AMERICA. Plaintiff, v. RYAN DALE OLD CHIEF, Defendant.
FINDINGS AND RECOMMENDATIONS
John Johnston, United States Magistrate Judge
I. Synopsis
Defendant Ryan Dale Old Chief (Old Chief) has been accused of violating the conditions of his supervised release. Old Chief admitted the alleged violation. Old Chiefs supervised release should be revoked. Old Chief should be placed in custody for 6 months, with 32 months of supervised release to follow.
II. Status
Old Chief pleaded guilty to Sexual Abuse of a Minor on January 17, 2017. (Doc. 23). The Court sentenced Old Chief to 40 months of custody, followed by 5 years of supervised release. (Doc. 32). Old Chiefs current term of supervised release began on May 3, 2021. (Doc. 57 at 2).
Petition
The United States Probation Office filed a Petition on May 21, 2021, requesting that the Court revoke Old Chiefs supervised release. (Doc. 57). The Petition alleged that Old Chief had violated the conditions of his supervised release by using methamphetamine.
Initial appearance
Old Chief appeared before the undersigned for his initial appearance on June 1, 2021. Old Chief was represented by counsel. Old Chief stated that he had read the petition and that he understood the allegations. Old Chief 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 June 1, 2021. Old Chief admitted that he had violated the conditions of his supervised release by using methamphetamine. The violation is serious and warrants revocation of Old Chiefs supervised release.
Old Chiefs violation is a Grade C violation. Old Chiefs criminal history category is III. Old Chiefs underlying offense is a Class C felony. Old Chief could be incarcerated for up to 24 months. Old Chief could be ordered to remain on supervised release for up to 38 months, less any custody time imposed. The United States Sentencing Guidelines call for a term of custody of 5 to 11 months.
III. Analysis
Old Chief s supervised release should be revoked. Old Chief should be incarcerated for 6 months, with 32 months of supervised release to follow. This sentence is sufficient but not greater than necessary.
IV. Conclusion
The Court informed Old Chief that the above sentence would be recommended to United States District Judge Brian Morris. The Court also informed Old Chief of his right to object to these Findings and Recommendations within 14 days of their issuance. The Court explained to Old Chief that Judge Morris would consider a timely objection before making a final determination on whether to revoke his supervised release and what, if any, sanction to impose. The Court FINDS:
That Ryan Dale Old Chief violated the conditions of his supervised release by using methamphetamine.
The Court RECOMMENDS:
That the District Court revoke Old Chiefs supervised release and commit Old Chief to the custody of the United States Bureau of Prisons for 6 months, with 32 months of supervised release to follow.
NOTICE OF RIGHT TO OBJECT TO FINDINGS AND RECOMMENDATIONS AND CONSEQUENCES OF FAILURE TO OBJECT
The parties may serve and file written objections to the Findings and Recommendations within 14 days of their entry, as indicated on the Notice of Electronic Filing. 28 U.S.C. § 636(b)(1). A United States district court judge will make a de novo determination regarding any portion of the Findings and Recommendations to which objection is made. The district court judge may accept, reject, or modify, in whole or in part, the Findings and Recommendations. Failure to timely file written objections may bar a de novo determination by the district court judge, and may waive the right to appear and allocute before a district court judge.