Opinion
CRIMINAL ACTION NO. 08-21-DLB.
August 10, 2010
ORDER
This matter is before the Court upon the Report Recommendation (R R) of the United States Magistrate Judge wherein he recommends that the Court revoke Defendant's probation and impose a sentence of time served as of August 2, 2010, at which time the U.S. Marshal was directed to release Defendant for transportation to a facility for in-patient drug care followed by one year of supervised release to include a special condition of in-patient treatment at the Schwartz Center. (Docs. # 44, 45). The Magistrate's R R further indicates that the parties have reached a decision as to the appropriate disposition of the case consistent with the Magistrate's recommendation.
Magistrate Judge Wehrman's original R R indicated a recommended sentence of time served as of August 21, 2010 (Doc. # 44), which was later modified in his Amended Report and Recommendation (Doc. # 45) filed July 22, 2010, indicating that Defendant shall be sentenced to time served as of August 2, 2010, and transported to an in-patient treatment facility as of that date. Id.
Defendant has not filed any objections to the Magistrate Judge's R R, and the time for filing having now expired, the R R is ripe for review. The Court having reviewed the R R and finding the recommended sentence appropriate in light of Defendant's refusal to comply with the conditions of her probation, and being otherwise sufficiently advised;
IT IS ORDERED as follows:
1. The Report and Recommendation as amended (Doc. # 45) is hereby ADOPTED nunc pro tunc to August 2, 2010 as the findings of fact and conclusions of law of the Court;
2. Defendant is found to have VIOLATED the terms of her probation;
3. Defendant's probation is hereby REVOKED;
4. Defendant is sentenced to TIME SERVED; and
5. A Judgment shall be entered concurrently herewith.