Opinion
CASE NO. 6:12-CR-00059-RC
04-17-2017
UNITED STATES OF AMERICA v. CORNELIUS MARQUIS MURPHY (13)
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The court referred a petition alleging violations of supervised release conditions to the Honorable K. Nicole Mitchell, United States Magistrate Judge, at Tyler, Texas, for consideration pursuant to applicable laws and orders of this court. The Court 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 revocation hearing, U.S. Magistrate Judge K. Nicole Mitchell recommended: 1. that the Court find that Defendant violated a standard condition of release as alleged in Allegation 2 in the petition, in that he failed to refrain from the use and possession of a controlled substance; 2. that Defendant's supervised release should be revoked pursuant to 18 U.S.C. § 3583; and 3. that Defendant should be sentenced to a term of 9 months of imprisonment with no supervised release to follow.
Neither party has filed objections to Judge Mitchell's Report and Recommendation. 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 and ADJUDGED that the petition is GRANTED and Cornelius Marquis Murphy's supervised release is REVOKED.
Judgment and commitment will be entered separately, in accordance with the magistrate judge's recommendations.
So ORDERED and SIGNED this 17 day of April, 2017.
/s/_________
Ron Clark, United States District Judge