Opinion
CR-20-31-GF-BMM
08-02-2023
UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM BERNARD BIRD, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
BRIAN MORRIS, CHIEF DISTRICT JUDGE
United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on July 31, 2023. (Doc. 106.)
When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Bad Old Man v. Arn, 474 U.S. 140, 15352 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston conducted a revocation hearing on July 27, 2023. (Doc. 101) The United States accused William Bird, (Bird) of violating his conditions of supervised release 1) by consuming alcohol; 2) by using cocaine; 3) by failing to notify his probation officer of a change in employment; 4) by failing to notify his probation officer of a contact with law enforcement; 5) by failing to reside at the residence approved by his probation officer; 6) by knowingly associating with a convicted felon; and 7) by failing to report for substance abuse testing. (Doc. 98.)
At the revocation hearing, Bird admitted to 1) by consuming alcohol; 2) by using cocaine; 3) by failing to notify his probation officer of a change in employment; 4) by failing to notify his probation officer of a contact with law enforcement; 5) by failing to reside at the residence approved by his probation officer; 6) by failing to report for substance abuse testing. (Doc. 101.) Judge Johnston found that the violations Bird admitted prove serious and warrants revocation of his supervised release and recommends a sentence of 3 months, with no supervised release to follow. (Doc. 106.) The Court finds no clear error in Judge Johnston's Findings and Recommendations.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 106) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant William Bernard Bird be sentenced to the Bureau of Prison for a period of 3 months, with no supervised release to follow.