Opinion
CRIMINAL ACTION NO. 09-13-DLB-3
07-05-2012
UNITED STATES OF AMERICA PLAINTIFF v. YVETTE LYNN DUNN DEFENDANT
ORDER ADOPTING REPORT & RECOMMENDATION
This matter is before the Court upon the June 8, 2012 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 six (6) weekends of incarceration, with the remaining balance of her supervised release to follow. (Doc. # 173). During the final revocation hearing conducted by Magistrate Judge Atkins on June 5, 2012, Defendant stipulated to Violations 1 and 3 as set out in the March 3, 2012 violation report of United States Probation Officer Allison Biggs. (Docs. # 154, 173). The United States moved to dismiss Violation 2, and the Magistrate Judge recommended that the government's motion be granted. (Doc. # 173).
Defendant having executed a waiver of his right to allocution (Doc. # 171), 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 Report and Recommendation (Doc. # 173) 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 shall serve SIX (6) WEEKENDS of incarceration, to begin at 6:00 p.m. on Friday and end at 6:00 p.m. on Sunday, at a facility directed by the Bureau of Prisons. Upon completion of her incarceration, Defendant shall resume the balance of her term of supervised release; and
5. A Judgment shall be entered contemporaneously herewith.
Signed By:
David L. Bunning
United States District Judge