Opinion
CRIMINAL ACTION NO. 03-47-DLB-CJS-2
06-19-2017
UNITED STATES OF AMERICA PLAINTIFF v. CARLOS MENDEZ PHILLIPS DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court on the Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith, wherein she recommends that the Court revoke Defendant's supervised release and impose a sentence of 48 months imprisonment, with no supervised release to follow. (Doc. # 191). During the final revocation hearing before Magistrate Judge Smith on May 25, 2017, Defendant admitted to violating the terms of his supervised release (Docs. # 189, 191), as set forth in the May 17, 2017 Violation Report. (Doc. # 185).
Defendant having waived his right to allocution (Doc. # 192), and the time for filing objections having passed, this matter 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 Magistrate Judge's Report and Recommendation (Doc. # 191) 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 term of forty-eight (48) months, with no supervised release to follow;
(5) Defendant's sentence shall be served, if possible, at the federal medical facility closest to his home that is able to provide appropriate treatment for his Graves Disease; and
(6) A Judgment shall be entered concurrently herewith.
This 19th day of June, 2017.
Signed By:
David L . Bunning
United States District Judge