Sentence To Be Modified For Montana Man Who Violated Probation
A Montana man recently sentenced for a wildlife crime and violating his probation for a previous similar crime probably will have his sentence modified this week, according to a court motion filed Monday.
On Oct. 25, U.S. District Court Judge Alan Johnson ordered the revocation of Joshua Anders Rae's probation for a wildlife crime conviction in 2019 -- possessing 104 pounds of elk antlers -- in an incident in 2016.
Johnson sentenced 38-year-old Rae of Bozeman, Montana, to 60 days in prison to be served at not less than one week at a time.
On Nov. 8, however, the court learned that the law does not allow that kind of sentence and that the U.S. Bureau of Prisons cannot carry it out.
So on Monday, Assistant U.S. Attorney Kerry Johnson, Rae and his attorney Christopher Wages agreed to file a motion with the court to instead place Rae on 90 days of supervised release with the sole condition being 90 days in home confinement.
This proposed sentence will run concurrently with the one handed down at the same time for a similar wildlife crime in April 2021, according to the motion.