Opinion
1:21-MC-11 2:19-CR-14
12-19-2022
IN RE ROBERT JAMES TIFFNER
KLEEH, JUDGE.
AMENDED REPORT AND RECOMMENDATION
MICHAEL JOHN ALOI, UNITED STATES MAGISTRATE JUDGE.
The undersigned entered a Report and Recommendation in the above-captioned matters on December 16, 2022, which contained typographical errors in regard to Defendant's gender. This Amended Report and Recommendation corrects those typographical errors.
On February 26, 2021, the Honorable Thomas S. Kleeh, Chief United States District Judge, referred Defendant to the undersigned Magistrate Judge for Defendant's participation in the Federal Drug Court Program. [ECF No. 74 in Case No. 2:19-CR-14]. On February 3, 2021, Defendant had signed the Drug Court Participant Agreement & Waiver of Confidentiality, agreeing to fully comply with all of the program requirements, court orders, and any other orders that govern the conditions of his bond or supervised release, and face sanctions and/or revocation of his bond, probation, or supervised release for committing any misconduct while participating in the program. [ECF No. 3 in Case No. 1:21-MC-11].
On December 16, 2022, Defendant will have successfully completed the requirements of the Drug Court Program. The Program requires that Defendant participate in an After-Care Program. On December 16, 2022, Defendant will have successfully completed the After-Care Program. Accordingly, it is ORDERED that Defendant continue to adhere to the Conditions of Release, previously set forth herein. [ECF No. 25 in Case No. 2:19-CR-14].
Furthermore, the undersigned RECOMMENDS that the District Judge consider Defendant as having successfully completed the requirements of the Drug Court Program and RECOMMENDS that the case be REMANDED to the District Court pending sentencing.
Any party have fourteen (14) days (filing of objections) from the date of the filing of this Report and Recommendation to file with the Clerk of the Court specific written objections identifying the portions of the Report and Recommendation to which objection is made, and the basis for such objection. A copy of such objections should also be submitted to the Honorable Thomas S. Kleeh, Chief United States District Judge. Objections shall not exceed ten (10) typewritten pages or twenty (20) handwritten pages, including exhibits, unless accompanied by a motion for leave to exceed the page limitations, consistent with LR PL P 12.
Failure to timely file written objections to the Report and Recommendation as set forth above shall constitute a waiver of de novo review by the District Court and a waiver of appellate review by the Circuit Court of Appeals. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
The Clerk is directed to transmit copies of this Report and Recommendation to counsel of record, U.S. Probation Officer Jill Henline, and the Honorable Thomas S. Kleeh, Chief United States District Court Judge.
It is so ORDERED.