Opinion
NO. 3:19-CR-00103-K
10-01-2019
UNITED STATES OF AMERICA v. BRIAN DAY, Defendant
REPORT & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DEFENDANT'S WAIVER OF RIGHT TO OBJECT
Defendant BRIAN DAY is charged in a petition with a violation of the terms of his/her supervised release. On this date, the United States magistrate judge conducted a revocation hearing. Defendant appeared in person and represented by counsel.
Based on Defendant's plea of true to the allegations in the petition and the evidence and arguments offered at the hearing, the magistrate judge recommends the United States District Judge:
[v] find Defendant violated the terms of his/her supervised release;
[v] revoke Defendant's supervised release;
[v] impose a sentence of an additional term of imprisonment of 6 months with a further term of 36 months of supervised release to follow; and
[v] grant credit for time served on the violation report and that
SO RECOMMENDED.
October 1, 2019
Date
/s/_________
RENEE HARRIS TOLIVER
UNITED STATES MAGISTRATE JUDGE
In open court, the magistrate judge informed Defendant that any recommendation of revocation of supervised release, and the imposition of any sentence, is subject to the approval of the United States District Judge, and that Defendant may object to the magistrate judge's recommendation before any additional sentence is imposed.
I, Defendant BRIAN DAY, hereby
[v] waive my right to object to the report and recommendation of the magistrate judge.
[ ] do NOT waive my right to object to the report and recommendation of the magistrate judge.
10/2/19
Date
/s/_________
Defendant
/s/_________
Defense Counsel
/s/_________
Assistant U.S. Attorney
Consented to by United States