Opinion
CRIMINAL ACTION 9:14-CR-20
11-28-2023
UNITED STATES OF AMERICA v. CLARENCE BARTHOLD (1)
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE
The Court referred a petition alleging violations of supervised release conditions to United States Magistrate Judge K. Nicole Mitchell 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.
At the close of the November 27, 2023 revocation hearing, Defendant and defense counsel signed a standard form waiving the right to object to the proposed findings and recommendations contained in the United States Magistrate Judge's Report, consenting to revocation of supervised release, and consenting to the imposition of the sentence recommended in the Report. Counsel for the government orally waived the right to object to the Report. Defendant also waived his right to be present and speak before the District Judge imposes the recommended sentence. Therefore, the Court may act on the Report and Recommendation immediately.
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 that Defendant's plea of true to Allegation 2 as set forth in the petition is
ACCEPTED. Based upon Defendant's plea of true to Allegation 2 in the petition, the Court finds that Defendant violated the conditions of his supervised release. It is further
ORDERED that Clarence Barthold's supervised release is REVOKED. Judgment and commitment will be entered separately, in accordance with the Magistrate Judge's recommendations. It is finally
ORDERED that Defendant be committed to the custody of the Bureau of Prisons for a term of imprisonment of 8 months followed by a 4-year term of supervised release. The Court recommends service of sentence at FCI Seagoville.