Opinion
Case No. 2:-10-CR-9-1- JRG-RSP
04-08-2013
UNITED STATES OF AMERICA v. CHADWICK RAY HOWE
MEMORANDUM ORDER
The Court referred a petition, alleging violation of supervised release conditions, to United States Magistrate Judge Roy Payne at Marshall, 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 February 28, 2013, revocation hearing, Defendant, defense counsel and counsel for the government signed a standard form waiving their 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. 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.
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 that the Defendant's plea of true to allegations as set forth in the government's petition be ACCEPTED. Based upon the Defendant's plea of true to the allegations, the Court finds that the Defendant violated the conditions of his supervised release. It is further
ORDERED that the Defendant's supervised release be REVOKED. Judgment and commitment will be entered separately, in accordance with the Magistrate Judge's recommendations. It is further
ORDERED that the Defendant be committed to the custody of the Bureau of Prisons to be imprisoned for a term of eight months, with one year of supervised release to follow such term of imprisonment. It is further
REQUESTED that the Bureau of Prisons place the Defendant in its Texarkana, Texas facility.
So Ordered and Signed on this
________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE