Description: Missoula, Montana criminal defense lawyer represented Defendant charged with conspiracy to distribute cocaine.

21:846=ND.F - CONSPIRACY TO DISTRIBUTE COCAINE
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Defendant committed to the custody of the BOP for 110 months, recommend participation in 500 hour residential drug treatment program, recommend incarceration at Sheridan, Oregon facility, sentence concurrent with state sentence, supervised release for 5 years, no crimes, no firearms, DNA collection, no controlled substance, standard conditions 1-15, special conditions: participate in substance abuse treatment- pay cost, drug/alcohol testing in the amount of 104 UAs/ breathalyzers/year -pay cost, no alcohol, no bars, submit to searches, warn others, provide financial information, no new credit, no police scanner, no medical marijuana, no fine, special assessment $100. 9/14/15: Sentence REDUCED to 55 months. 11/15/18: Revocation - Defendant committed to the custody of the BOP for a term of time served; supervised release for 47 months - conditions as stated in open court. Revocation on 3/15/2019: 14 months BOP; 45 months supervised release. REVOCATION HEARING held 7/22/2021: BOP 14 mos with 31 months of supervised release to follow. *BOP 14 MONTHS. This term shall run concurrent with the term imposed in CR-20-79-GF-BMM. REVOCATION HEARING held 7/11/22: BOP Four (4) months. This term consists of 4 months in CR 10-52-M-BMM and 4 months in CR 20-79-GF-BMM, to run concurrent; supervised release for a term of: 27 months. This term consists of 27 months in CR 10-52-M-BMM and 27 months in CR 20-79-GF-BMM, to run concurrent.


United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on June 22, 2022. (Doc. 101.) Brandon Main (Mann) filed an objection on June 23, 2022. (Doc. 105.) The Court reviews de novo findings and recommendations to which a party objects. 28 U.S.C. § 636(b)(1).

Judge Johnston conducted a revocation hearing on June 21, 2022. (Doc. 108.) The United States accused Main of violating his conditions of supervised release for failing to complete his 180-day term at the Great Falls Residential Reentry Center. (Doc. 95.) At the revocation hearing, Main admitted that he had violated the terms of his supervised release by failing to complete his 180-day term at the Great Falls Residential Re-entry Center. (Doc. 108.) Judge Johnston found

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the violation Main admitted are serious and warrants revocation of Main's supervised release. Judge Johnston recommended Main be incarcerated for 4 months, with 27 months of supervised release to follow, with the first 4 months of supervised release under home confinement. (Doc.101.) Main was advised of his right to appeal and his right to allocute before the undersigned. (Doc. 108.)

Main now opposes Judge Johnston's Findings and Recommendations, objecting to Judge Johnston's recommended length of custody. (Doc. 105.)

The Court has reviewed Judge Johnston's Findings and Recommendations as well as Fast Horse's objection. The undersigned conducted a revocation hearing on July 11, 2022. (Doc. 108.) Main and his attorney were allowed to allocute before the undersigned. (Id.) The Court has also considered the 18 U.S.C. § 3553(a) factors and agrees with Judge Johnston's Findings and Recommendations.

Main's violation of his conditions of supervised release represents a serious breach of the Court's trust. This violation proves serious. Judge Johnston has recommended that the Court revoke Main's supervised release and commit him to the custody of the Bureau of Prisons for 4 months. (Doc. 101.) Judge Johnston further recommended 27 months of supervised release to follow with the first 4 months of supervised release spent in home confinement. (Id.)

Outcome: Accordingly, IT IS HEREBY ORDERED that Main's objection is denied. Judge Johnston's Findings and Recommendations, (Doc. 101) are ADOPTED IN FULL.

IT IS HEREBY ORDERED that Main's objection is denied. Judge Johnston's Findings and Recommendations, (Doc. 101) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that Defendant BRANDON LEE MAIN be sentenced to the custody of the Bureau of Prisons for 4 months, with 27 months of supervised release to follow, with the first 4 months of supervised release on home confinement.
United States v. Main (D. Mont. 2022)

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