Opinion
NO. 1:13-CR-122-MAC
05-19-2020
UNITED STATES OF AMERICA v. MICHAEL JOSEPH BARRETT IV
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The court referred a petition alleging violations of supervised release conditions to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence.
At the close of the revocation hearing, U.S. Magistrate Judge Zack Hawthorn recommended: 1. that the court find that the Defendant violated the second allegation in the petition that he failed to follow a special condition of release; 2. revoking the Defendant's supervised release pursuant to 18 U.S.C. § 3583; and 3. the Defendant should be sentenced to a term of 9 months' imprisonment, which shall include 170 days' unserved community confinement (converted to an equivalent term of imprisonment), with no supervised release to follow to be served at the Federal Correctional Institute in El Reno, Oklahoma, if the Bureau of Prisons can accommodate such request.
At the close of the revocation hearing, the Defendant, defense counsel and counsel for the Government each signed a standard form waiving their right to object to the proposed findings and recommendations contained in the magistrate judge's report, consenting to revocation of supervised release and imposition of the sentence recommended. The Defendant also waived his right to be present with counsel and to speak at sentencing before the court imposes the recommended sentence.
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. It is therefore
ORDERED and ADJUDGED that the petition is GRANTED and Michael Joseph Barrett, IV's supervised release is REVOKED.
Judgment and commitment will be entered separately, in accordance with the magistrate judge's recommendations.
SIGNED at Beaumont, Texas, this 19th day of May, 2020.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE