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Keywords

defendanthearingleaseprobationsentencing guidelines
trialleaseprobationjury trial

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United States v. Old Chief, Not Reported in Fed. Supp., 2019 WL 494827

Facts

Johnny Lynn Old Chief was previously convicted of Assault with a Dangerous Weapon and sentenced to 120 months of custody followed by 3 years of supervised release. His supervised release began on July 20, 2018. On January 7, 2019, the United States Probation Office filed a petition to revoke his supervised release, alleging he had used methamphetamine and committed another crime. Old Chief admitted to using methamphetamine during the revocation hearing.

Old Chief was found guilty of Assault with a Dangerous Weapon on May 7, 2008, following a jury trial. The Court sentenced Old Chief to 120 months of custody, followed by 3 years of supervised release. The United States Probation Office filed a Petition requesting that the Court revoke Old Chief’s supervised release on January 7, 2019.

Issue

Did Johnny Lynn Old Chief violate the conditions of his supervised release, and what sanction should be imposed?

Did Johnny Lynn Old Chief violate the conditions of his supervised release, and what sanction should be imposed?

Rule

A supervised release violation is determined based on the admission of the defendant and the applicable sentencing guidelines.

Old Chief’s supervised release violation is a Grade C violation.

Analysis

The court found that Old Chief admitted to using methamphetamine, which constituted a violation of his supervised release. The government did not present evidence of any additional crimes, and the court considered the severity of the violation and Old Chief's criminal history in determining the appropriate sanction.

Old Chief admitted that he had violated the conditions of his supervised release by using methamphetamine.

Conclusion

The court recommended that Old Chief's supervised release be revoked and that he be committed to the custody of the United States Bureau of Prisons for a term of 5 months, with no supervised release to follow.

Old Chief’s supervised release should be revoked. Old Chief should be incarcerated for 5 months, with no supervised release to follow.

Who won?

The government prevailed in the case as the court recommended revoking Old Chief's supervised release due to his admission of using methamphetamine.

Old Chief’s supervised release should be revoked.

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