Opinion
CASE NO. 1:07-CR-217
05-18-2012
UNITED STATES OF AMERICA v. FAUSTINO ESPINOZA-ESPINOZA
MEMORANDUM ORDER ADOPTING
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE
The Court referred this matter to United States Magistrate Judge Keith F. Giblin, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636(b) and the Local Rules for the United States District Court for the Eastern District of Texas. In accordance with 18 U.S.C. § 3401(i) and 18 U.S.C. § 3583(e), Judge Giblin held a hearing and submitted findings of fact and a recommendation on the revocation of the defendant's supervised release.
Having conducted the proceedings in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and 18 U.S.C. § 3583, the magistrate judge issued his Findings of Fact and Recommendation on Plea of True [doc. #44]. The magistrate judge recommended that the Court revoke the defendant's supervised release and impose a term of imprisonment for the revocation with no additional supervision to follow.
The parties have not objected to Judge Giblin's report, and the defendant waived his right to be present and allocute at sentencing. Accordingly, after review, the Court concludes that the Findings of Fact and Recommendation should be accepted.
It is ORDERED that the Findings of Fact and Recommendation on Plea of True [doc. # 44] are ADOPTED. The Court finds that Defendant, Faustino Espinoza-Espinoza, violated conditions of his supervised release. The Court accordingly ORDERS that the defendant's term of supervision is REVOKED. Pursuant to the magistrate judge's recommendation, the Court ORDERS the defendant to serve a term of five (5) months imprisonment for the revocation, with no further supervision.
__________________________________
Ron Clark, United States District Judge