Opinion
Criminal Action No. 4:20-CR-315
04-29-2021
UNITED STATES OF AMERICA v. VICTOR JAVIER DELGADO-RABAGO, JR. (1)
(Judge Jordan/ Judge Johnson) MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the above-referenced criminal action, the Court having heretofore referred the request for the revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. The Court has received the Report and Recommendation of the United States Magistrate Judge pursuant to its order. Defendant having waived allocution before the Court as well as his right to object to the report of the Magistrate Judge, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct.
It is therefore ORDERED that the Report and Recommendation of United States Magistrate Judge is ADOPTED as the opinion of the Court.
It is further ORDERED that Defendant's supervised release is hereby REVOKED.
It is further ORDERED that Defendant be committed to the custody of the Bureau of Prisons for a term of nine (9) months of imprisonment, with a term of supervised release of twenty-four (24) months to follow.
The Court further recommends the imposition of the special conditions set forth in the Report and Recommendation, as follows:
You must provide the probation officer with access to any requested financial information for the purpose of monitoring your efforts to obtain and maintain lawful employment and income.
You must participate in a program of testing and treatment for substance abuse, under the guidance and direction of the U.S. Probation Office, until such time as you are released from the program by the probation officer. You must pay any cost associated with treatment and testing.
You must not use or possess alcohol.
You shall participate in an education services program and follow the rules and regulations of that program. Such programs may include high school equivalency preparation, English as a Second Language classes, and other classes designed to improve your proficiency in skills such as reading, writing, mathematics, or computer use. You shall pay for the costs of the program if financially able.
The Court also recommends that Defendant be housed in a Bureau of Prisons facility in the North Texas area, if appropriate.
So ORDERED and SIGNED this 29th day of April, 2021.
/s/_________
SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE