United States v. Irvin

Full title: UNITED STATES OF AMERICA v. JON MIKAL IRVIN

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Date published: Jun 19, 2020

Case No. 2:08-CR-9-1- JRG-RSP (E.D. Tex. Jun. 19, 2020)

Opinion

Case No. 2:08-CR-9-1- JRG-RSP

06-19-2020

UNITED STATES OF AMERICA v. JON MIKAL IRVIN

RODNEY GILSTRAP UNITED STATES DISTRICT JUDGE

MEMORANDUM ORDER

The Court referred a petition, alleging violation of supervised release conditions, to United States Magistrate Judge Roy Payne at Marshall, Texas for consideration pursuant to applicable laws and orders of this Court. The Court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings, and all available evidence.

At the close of the June 18, 2020, revocation hearing, Defendant, defense counsel and counsel for the government signed a standard form waiving their right to object to the proposed findings and recommendations contained in the United States Magistrate Judge's report, consenting to revocation of supervised release and consenting to the imposition of the sentence recommended in the report. Defendant also waived his right to be present and speak before the District Judge imposes the recommended sentence. Therefore, the Court may act on the report and recommendation immediately.

Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. It is therefore

ORDERED that the Defendant's plea of true to allegation #4 as set forth in the government's petition be ACCEPTED. Based upon the Defendant's plea of true to the allegation, the Court finds that the Defendant violated the conditions of his supervised release. It is further

ORDERED that the Defendant's supervised release be REVOKED. Judgment and commitment will be entered separately, in accordance with the Magistrate Judge's recommendations. It is further

ORDERED that the Defendant be committed to the custody of the Bureau of Prisons to be imprisoned for 12 months and 23 days followed by 3 years of supervised release with the same conditions. The Court recommends service of sentence at FCI Texarkana, Texas and credit for time served from May 8, 2020.

So ORDERED and SIGNED this 19th day of June, 2020.

/s/_________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE