Opinion
CRIMINAL ACTION NO. 08-18-DLB-EBA-3
03-15-2012
UNITED STATES OF AMERICA PLAINTIFF v. JAMIE MATTHEW GAMBLE DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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 imprisonment, with the balance of his supervised release to resume upon release from custody. (Doc. # 110). During the final revocation hearing conducted by Magistrate Judge Atkins on February 16, 2012, Defendant orally stipulated to Violations 1 and 2 described in the Supervised Release Violation Report (Doc. # 104). At the hearing, the United States orally moved to dismiss Violations 3 and 4 (Doc. # 107).
Defendant having executed a waiver of his right to allocution (Doc. # 106), and both Defendant and the United States having orally waived the time for filing any objections to the Magistrate Judge's R&R (Doc. # 107), the R&R is now 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 Magistrate Judge's Report and Recommendation (Doc. # 110) 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, with the balance of his supervised release to resume upon release from custody;
(5) That the Motion of the United States to dismiss Violations 3 and 4 is hereby GRANTED; and
(6) A Judgment shall be entered contemporaneously herewith.
Signed By:
David L. Bunning
United States District Judge
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