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Date: 10-19-2019
Case Style:
Case Number: 9:19-cr-00013-DWM
Judge: Donald W. Molloy
Court: United States District Court for the District of Montana (Missoula County)
Plaintiff's Attorney: Timothy J. Raciot
Defendant's Attorney:
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Description:
Charges:
21:846=CD.F - CONSPIRACY TO DISTRIBUTE METHAMPHETAMINE with forfeiture allegation
(1)
18:924A.F - POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME with forfeiture allegation
(3)
Outcome: Defendant committed to the custody of the BOP for a term of 130 months on Count 1 and 60 months on Count 3 to run consecutively. Both counts to run concurrently with California state sentence KA119110. Supervised Release for 5 years on each count to run concurrently; conditions as stated in open court. Fine waived. Special assessment of $200.10/18/2019 128 MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Sentencing held on 10/18/2019 for Justin Michael Allen (1). AUSA Tim Racicot appearing on behalf of the govt. CJA Counsel Dwight Schulte appearing with in-custody Defendant. No objections to PSR. Govt's motion under 3E1.1(b) for one additional level for acceptance of responsibility granted. Plea agreement accepted; Court to rely on PSR. Court summarizes statutory and guideline calculations. Counsel Schulte allocutes on behalf of Defendant; Defendant allocutes. AUSA Racicot makes sentence recommendation. Court reviews 3553(a) factors. JUDGMENT: Defendant committed to the custody of the BOP for a term of 130 months on Count 1 and 60 months on Count 3 to run consecutively. Both counts to run concurrently with California state sentence KA119110. Supervised Release for 5 years on each count to run concurrently; conditions as stated in open court. Fine waived. Special assessment of $200. Forfeited property reviewed. Counts 2 and 4 of Indictment dismissed with prejudice upon motion of the Govt. No legal objections to sentence. Right to appeal waived. Defendant remanded to custody of the USM. Hearing commenced at 9:58 a.m. and concluded at 10:41 a.m. Presentence Report due by 10/25/2019. (Court Reporter JoAnn Corson) (USPO: D. Hart), (Law Clerk: S. Stephens), (Hearing held in Missoula) (NOS) (Entered: 10/18/2019)
10/18/2019 129 JUDGMENT as to Justin Michael Allen (1): Defendant committed to the custody of the BOP for a term of 130 months on Count 1 and 60 months on Count 3 to run consecutively. Both counts to run concurrently with California state sentence KA119110. Supervised Release for 5 years on each count to run concurrently; conditions as stated in open court. Fine waived. Special assessment of $200. Counts 2 and 4 dismissed with prejudice upon motion of the United States. Signed by Judge Donald W. Molloy on 10/18/2019. (NOS) (Entered: 10/18/2019)
10/18/2019 130 STATEMENT OF REASONS as to Justin Michael Allen re 129 Judgment. Signed by Judge Donald W. Molloy on 10/18/2019. (NOS) (Entered: 10/18/2019)
10/18/2019 131 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Justin Michael Allen. (NOS) (Entered: 10/18/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: