United States v. BurshiaUnited States v. Burshia
United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on July 22, 2026. (Doc. 72.)
When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Bad Old Man v. Arn, 474 U.S. 140, 153-52 (1986). This Court will review Judge Johnston’s Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
At the revocation hearings Burshia admitted that he had violated the condition of supervised release as set forth in the Amended Petition. (Doc. 74.) Burshia was advised of his right to appeal and allocute before the undersigned. (Id.)
Judge Johnston recommended that Burshia be sentenced to custody for 12 months and one day on Counts 1- IV, with the terms to run concurrently, and with this sentence to run consecutive to the sentence imposed by the Montana Eighth Judicial District Court in Cause No. CDC-25-058, and with no term of supervised release to follow. (Doc. 72.)
The violation Burshia admitted proves serious and warrants revocation of his supervised release. The Court finds no clear error in Judge Johnston’s Findings and Recommendations.
Accordingly, IT IS ORDERED that Judge Johnston’s Findings and Recommendations (Doc. 72) are ADOPTED IN FULL. IT IS FURTHER
DATED this 1st day of September 2026.
Brian Morris, Chief District Judge
United States District Courts