United States v. Justice

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CURTIS LEE JUSTICE, Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION LONDON

Date published: Apr 16, 2012

Criminal No: 10-01-GFVT (E.D. Ky. Apr. 16, 2012)

Opinion

Criminal No: 10-01-GFVT

04-16-2012

UNITED STATES OF AMERICA, Plaintiff, v. CURTIS LEE JUSTICE, Defendants.

Gregory F. Van Tatenhove

ORDER

This matter is before the Court on the Report and Recommendation [R. 72] filed by United States Magistrate Judge Hanly A. Ingram. The Report and Recommendation addresses the reported violations of supervised release conditions by the Defendant, Curtis Lee Justice. [R. 63.] Therein he recommends that this Court revoke Justice's period of supervised release and imprison him for a term of 24 months. [R. 72.] The Report and Recommendation advises the parties that any objections must be filed within fourteen (14) days of service. [Id.] As of this date, neither party has filed objections or extensions of time to file objections and the time for doing so has passed. [See id.]

Generally, this Court must make a de novo determination of those portions of the Report and Recommendation to which objections are made. 28 U.S.C. § 636(b)(1)(c). When no objections are made, this Court is not required to "review . . . a magistrate's factual or legal conclusions, under a de novo or any other standard . . . ." See Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to object to a magistrate's report and recommendation are also barred from appealing a district court's order adopting that report and recommendation. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Nevertheless, this Court has examined the record, and having made a de novo determination, it agrees with the Magistrate Judge's Report and Recommendation. Accordingly, the Court being sufficiently and otherwise advised, it is hereby ORDERED as follows:

(1) The Magistrate Judge's Report and Recommendation [R. 72] is ADOPTED as the opinion of this Court;

(2) Justice's current period of supervised released is revoked and he is remanded to the custody of the United States Marshalls for a term of imprisonment of 24 months;

(3) Upon completion of the term of imprisonment, an additional term of supervised release of one (1) year will commence; and

(4) All other conditions of supervised release shall be the same as those originally imposed by this Court's judgment dated September 15, 2010 [R. 58].

Signed By:

Gregory F. Van Tatenhove

United States District Judge