Opinion
NO. A-11-CR-322 LY
07-16-2013
UNITED STATES OF AMERICA v. JOSE LUIS CASAS-DURAN
ORDER WITHDRAWING
REPORT AND RECOMMENDATION
On July 11, 2013, the undersigned submitted a Report and Recommendation in the above case, recommending the revocation of the Defendant's term of supervised release, and recommending that a sentence of imprisonment of 14 months be imposed. Dkt. No. 33. On July 12, 2013, the government filed a new complaint against the Defendant, alleging a violation of 8 U.S.C. § 1326, for illegal reentry. See United States v. Jose Luis Casas-Duran, No. A-13-389 M. The government did not inform the Court at the revocation proceedings on July 11, 2013, that it intended to file new charges against the Defendant. Because the normal practice in such cases is to consolidate the sentencing proceedings in both the revocation matter and the new case (assuming a conviction is obtained), the Court will withdraw its recommendation in this case, and leave that matter to the district judge who is assigned to the new complaint.
ACCORDINGLY, it is ORDERED that the Report and Recommendation filed in this matter on July 11, 2013 (Dkt. No. 33), is hereby WITHDRAWN.
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ANDREW W. AUSTIN
UNITED STATES MAGISTRATE JUDGE