Opinion
CRIMINAL ACTION NO. 07-15-DLB-EBA-7
11-26-2012
UNITED STATES OF AMERICA PLAINTIFF v. LEONARD FYFFE, DEFENDANT
ORDER
This matter is before the Court upon the 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 twelve (12) months and one (1) day imprisonment, with no supervised release to follow. (Doc. # 250). At his initial appearance before Magistrate Edward B. Atkins on October 29, 2012, Defendant admitted to violating the terms of his supervised release as charged. Defendant also waived his right to allocution before the United States District Judge prior to final sentencing. (Doc. # 248).
Defendant has not filed any objections to the R&R, and the time to do so has now expired. Having reviewed the R&R, the Court concludes that it is sound in all respects, including the recommended sentence and the basis for said recommendation. Accordingly,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation (Doc. # 250) 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 is sentenced to the CUSTODY of the Attorney General for a period of TWELVE (12) MONTHS and ONE (1) DAY, with no supervised release to follow; and
(5) A Judgment shall be entered contemporaneously herewith.
Signed By:
David L. Bunning
United States District Judge
G:\DATA\ORDERS\Ashland Criminal\2007\07-15-7 Order adopting R&R re SR violation.wpd