Opinion
Case No. 1:98-cr-46-1.
April 3, 2006
ORDER
On December 19, 2005, the probation officer filed a petition for revocation of defendant's supervised release. The petition alleged violations by the defendant of three of the conditions of his supervised release. On December 27, 2005, this court entered an order referring the petition to Magistrate Judge Timothy S. Black for a hearing and for a report and recommendation. An evidentiary hearing was held on January 20, 2006.
On March 17, 2006, the magistrate judge filed a report and recommendation (Doc. # 550). The magistrate judge concluded that the government had proved by a preponderance of the evidence that defendant committed the three violations alleged in the petition. The magistrate judge recommended that defendant's supervised release be revoked, and that defendant be sentenced to a term of imprisonment of three months. The magistrate judge further recommended that defendant be sentenced to serve a new term of supervised release of thirty months following his release from incarceration, with additional conditions of supervision.
The government filed no objections to the report and recommendation. On March 31, 2006, defendant filed a motion for leave to amend his previously entered plea of not guilty to a plea of nolo contendere. Defendant has raised no specific objections to the report and recommendation, and to the extent that the pleading filed by defendant on March 31, 2006, may be construed as an objection, it is denied.
The court hereby adopts the report and recommendation of the magistrate judge. The court finds by a preponderance of the evidence that the defendant committed the alleged violations of his supervised release. The court will enter a judgment revoking defendant's supervised release and sentencing him to three months incarceration. The defendant shall immediately report to the United States Marshal to begin serving this sentence.
Upon defendant's release from imprisonment, defendant shall serve a new term of supervised release of thirty months. This term of supervised release shall be governed by the standard conditions of release in this District, with the following additional conditions: (1) Defendant shall pay the balance of the restitution and fine owed in this case; (2) defendant shall cooperate with tax authorities in the determination of his taxable income and applicable tax, interest and penalties; (3) defendant shall file accurate tax returns, amending them if necessary, within one hundred and twenty days of his release from imprisonment; (4) defendant shall not open any new lines of credit or make purchases on existing lines of credit without the written permission of his United States probation officer until the fine and restitution are paid in full; and (5) defendant shall provide his probation officer access to and disclosure of all requested financial information and records.
The defendant is hereby advised that he has a right to appeal this judgment and sentence. A notice of appeal must be filed within ten (10) days of the date of this order. Defendant may contact the clerk of court within that ten-day period and request that the clerk file a notice of appeal on his behalf. Defendant has a right to apply for leave to appeal in forma pauperis and to have counsel appointed for purposes of appeal if he is unable to afford counsel.
It is so ordered.