Opinion
CASE NO. 1:12-CR-102
08-23-2018
UNITED STATES OF AMERICA v. JAMAL RAFEAL MCCAIN
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. No. 58]. The magistrate judge recommended that the Court revoke the defendant's supervised release and impose a term of imprisonment for the revocation with a new term of supervision to follow.
The parties have not objected to the magistrate judge's recommendation. 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. No. 58] are ADOPTED. The Court finds that the defendant, Jamal Rafeal McCain, 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 eight (8) months imprisonment, with a new term of eighteen (18) months of supervised release to follow. The new term of supervision is subject to the same mandatory, standard and special conditions imposed in the original judgment of conviction. The Court finds that the special conditions originally imposed are still relevant and applicable based on Judge Giblin's recommendation and the record of the case. The conditions will be set forth in a separate revocation judgment.
SIGNED this the 23 day of August, 2018.
/s/_________
Thad Heartfield
United States District Judge