Sullivan

Facts

Sullivan failed a drug test by testing positive for marijuana on August 24, 2006. The United States District Court for the District of Montana ruled this was a violation of Sullivan’s supervised release, finding that it had not expired. This super- vised release arose from a 1998 federal conviction for posses- 13342 UNITED STATES v. SULLIVAN sion of a stolen money order. For this conviction, Sullivan was sentenced to 18 months in prison and three years of supervised release that required him to refrain from any unlawful use of a controlled substance. As a result of his vio- lation of the terms of his supervised release, Sullivan was sen- tenced to 12 additional months in prison and 20 more months of supervised release.

The district court ordered Sullivan’s original prison sen- tence to run concurrently with sentences from the Montana state court. On February 21, 2001, Sullivan was transferred from a Montana prison to a Pre-Release Center. [Montana Department of Corrections Adult Offender Internal & Exter- nal Movement Record p. 1] On September 6, 2002, Sullivan was released from the Pre-Release Center. Id. Sullivan was later imprisoned on a state parole…