Opinion
CRIMINAL ACTION NO. 06-74-DLB-6
08-30-2012
UNITED STATES OF AMERICA PLAINTIFF v. MARCO ANTONIO MIRANDA-SANCHEZ DEFENDANT
ORDER ADOPTING REPORT & RECOMMENDATION
This matter is before the Court upon the August 8, 2012 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 twenty-four (24) months of imprisonment with no supervised release to follow, and that this sentence be served consecutive to the Indiana State sentence Defendant is currently serving. (Doc. # 245). During the final revocation hearing conducted by Magistrate Judge Wehrman on August 8, 2012, Defendant admitted to violating the terms of his supervised release as set out in the July 17, 2012 Supervised Release Violation Report of United States Probation Officer Leanne M. Vonderhaar. (Docs. # 243, 245).
Defendant having executed a waiver of his right to allocution (Doc. # 244), there being no objections filed to the Magistrate Judge's R&R, and the time to do so 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. # 245) 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 twenty-four (24) months with no supervised release to follow, this sentence to be served consecutive to the Indiana State sentence that Defendant is currently serving; and
5. A Judgment shall be entered concurrently herewith.
Signed By:
David L. Bunning
United States District Judge