U.S. v. Soward

Full title: UNITED STATES OF AMERICA PLAINTIFF v. DAVID THOMAS SOWARD DEFENDANT

Court: United States District Court, E.D. Kentucky, Northern Division at Covington

Date published: Sep 13, 2011

CRIMINAL ACTION NO. 04-41-DLB (E.D. Ky. Sep. 13, 2011)

Opinion

CRIMINAL ACTION NO. 04-41-DLB.

September 13, 2011

ORDER

DAVID BUNNING, District Judge

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 eight (8) months imprisonment with twenty-eight (28) months supervised release to follow. (Doc. # 44). During the final revocation hearing conducted by Magistrate Judge Wehrman on August 22, 2011, Defendant orally stipulated to violating several conditions of his supervised release. (Doc. # 44).

Defendant having waived his right to allocution (Doc. # 45), 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. # 44) 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 EIGHT (8) MONTHS with TWENTY-EIGHT (28) MONTHS supervised release to follow;

(5) On or before SEPTEMBER 23, 2011 the defendant shall self-surrender to the U.S. Marshal at the U.S. Courthouse, Covington, Kentucky; and

(5) A Judgment shall be entered contemporaneously herewith.