Opinion
CRIMINAL ACTION NO. 10-11-DLB-EBA-1
06-30-2017
UNITED STATES OF AMERICA PLAINTIFF v. KEITH M. DURAN DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the June 5, 2017 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins, wherein he recommends that the Court revoke Defendant Keith Duran's supervised release and impose a term of imprisonment of six (6) months and one (1) day, with six (6) months of supervised release to follow. (Doc. # 261). The Initial Revocation Hearing was held on May 24, 2017, at which time Defendant moved to dismiss the charges against him based on undue delay. (Doc. # 254). The Final Revocation Hearing was held on May 31, 2017, wherein Defendant admitted and pled guilty to Violation No's 2 and 3, and the United States moved to dismiss Violation No. 1. (Doc. # 258).
Defendant having waived his right to allocution (Doc. # 100), and the time for filing objections to the R&R 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. # 261) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
(2) Violation No. 1 is dismissed without prejudice;
(3) Defendant Keith Duran is found to have VIOLATED the terms of his supervised release as detailed in the February 27, 2017 violation report and February 28, 2017 memorandum;
(3) Defendant's supervised release is hereby REVOKED;
(4) Defendant is sentenced to the CUSTODY of the Attorney General for a period of six (6) months and one (1) day, with six (6) months supervised release to follow in a halfway house;
(5) Defendant's sentence, if possible, shall be served at a federal correctional facility and halfway house located near his home in the Southern District of Florida;
(6) Defendant's motion to dismiss (Doc. # 255) is denied; and
(7) A Judgment shall be entered concurrently herewith.
This 30th day of June, 2017.
Signed By:
David L . Bunning
United States District Judge