Opinion
CRIMINAL ACTION NO. 08-12-DLB.
June 21, 2010
ORDER
This matter is before the Court upon the Report and Recommendation ("R R") of the United States Magistrate Judge wherein he recommends that the Court revoke Defendant's supervised release and impose a sentence of 18 months of imprisonment, with no supervised release to follow. (Doc. #19). During the final revocation hearing conducted by Magistrate Judge Atkins on May 20, 2010, Defendant orally stipulated to violating Standard Condition No. 2 described in the Supervised Release Violation Report of his supervised release. (Doc. #18). At the hearing, the United States orally moved to dismiss the alleged violation of Standard Condition No. 11.
Defendant having executed a waiver of his right to allocution (Doc. #17), there being no objections filed to the Magistrate Judge's R R, and the time to do so having now expired, the R R is ripe for the Court's consideration. Having reviewed the R R, and the Court concluding that the R R is sound in all respects, including the recommended sentence and the basis for said recommendation, and the Court being otherwise sufficiently advised, IT IS ORDERED as follows:
(1) the Magistrate Judge's Report and Recommendation (Doc. #19) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
(2) Defendant is found to have VIOLATED the terms of his supervised release;
(3) Defendant's supervised release is hereby REVOKED;
(4) Defendant is sentenced to the CUSTODY of the Attorney General for a period of eighteen (18) months, with no additional supervised release to follow;
(5) That the Motion of the United States to dismiss the alleged violation of Standard Condition No. 11 is hereby GRANTED;
(6) A Judgment shall be entered contemporaneously herewith.