Opinion
No. 1:12-cr-00026-JPH-TAB
10-26-2020
UNITED STATES OF AMERICA, Plaintiff, v. BYRON PIERSON, Defendant.
Distribution: M. Kendra Klump UNITED STATES ATTORNEY'S OFFICE kendra.klump@usdoj.gov Dominic David Martin INDIANA FEDERAL COMMUNITY DEFENDERS dominic_d_martin@fd.org United States Probation Office Byron Pierson Oldham County Detention Center 3405 West Highway 146 LaGrange, KY 40031
ORDER ADOPTING REPORT AND RECOMMENDATION
On September 18, 2020, Magistrate Judge Doris Pryor entered a Report and Recommendation finding that Mr. Pierson violated conditions of his supervised release, that his supervised release should be revoked, and that he should be sentenced to eighteen months' imprisonment. Dkt. 125.
Mr. Pierson filed one objection to the report—he claims that he deserves credit for time in detention before sentencing. Dkt. 129. But whether Mr. Pierson is given such credit is for the Bureau of Prisons, not the Court, to decide. See United States v. Wilson, 503 U.S. 329, 334 (1992); United States v. Walker, 917 F.3d 989, 993-94 (7th Cir. 2019). Magistrate Judge Pryor thus followed the correct procedures by making no findings or recommendations as to the issue of credit for time served in detention prior to sentencing. See Walker, 917 F.3d at 993-94.
The Court OVERRULES the objection and ADOPTS Magistrate Judge Doris Pryor's Report and Recommendation and all findings therein, dkt. [125], under 18 U.S.C. §§ 3401(i), 3583(e). The Court now ORDERS that Mr. Pierson's supervised release is REVOKED. Dkt. [63]. Mr. Pierson is sentenced to the custody of the Attorney General or his designee for imprisonment of 18 months with no supervised release to follow.
SO ORDERED.
Date: 10/26/2020
/s/_________
James Patrick Hanlon
United States District Judge
Southern District of Indiana Distribution: M. Kendra Klump
UNITED STATES ATTORNEY'S OFFICE
kendra.klump@usdoj.gov Dominic David Martin
INDIANA FEDERAL COMMUNITY DEFENDERS
dominic_d_martin@fd.org United States Probation Office Byron Pierson
Oldham County Detention Center
3405 West Highway 146
LaGrange, KY 40031