Opinion
CRIMINAL ACTION NO. 10-6-DLB-CJS
06-27-2017
UNITED STATES OF AMERICA PLAINTIFF v. ROBERT POWERS DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the June 26, 2017 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith, wherein she recommends that the Court revoke Defendant Robert Powers's supervised release and impose a sentence of six (6) months, with a fifteen (15) year term of supervised release to follow. (Doc. # 53). The Final Revocation Hearing was held on June 21, 2017, wherein Defendant admitted and pled guilty (Doc. # 51) to the violations as described in the June 7, 2017 Supervised Release Violation Report and the June 20, 2017 Addendum to the Violation Report. (Sealed Docs. # 48 and 52).
Defendant waived his right to allocution (Doc. # 54) and his right to file objections to the R&R (Docs. # 51 and 53), the R&R is now 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. # 53) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
2. Defendant Robert Powers is found to have VIOLATED the terms of his supervised release as outlined in the Sealed Supervised Release Violation Report and Sealed Addendum to the Violation Report;
3. Defendant's supervised release is hereby REVOKED;
4. Defendant is sentenced to the CUSTODY of the Attorney General for a period of six (6) months, with a fifteen (15) year term of supervised release to follow, with all previously imposed conditions of supervised release being reimposed upon Defendant;
5. Defendant's sentence, if possible, shall be served at the federal correctional facility located in Texas, where he served his sentence for his original conviction; and
6. A Judgment shall be entered concurrently herewith.
This 27th day of June, 2017.
Signed By:
David L . Bunning
United States District Judge