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United States v. Rosette

United States District Court, District of Montana
Apr 12, 2023
No. CR-18-63-GF-BMM (D. Mont. Apr. 12, 2023)

Opinion

CR-18-63-GF-BMM

04-12-2023

UNITED STATES OF AMERICA, Plaintiff, v. CHARLY MCLAIN ROSETTE, Defendant.


ORDER

Brian Morris, Chief District Judge.

United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on April 12, 2023. (Doc. 277.)

When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Bad Old Man v. Arn, 474 U.S. 140, 15352 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

Judge Johnston conducted a revocation hearing on April 11, 2023. (Doc. 276.) The United States accused Charly Rosette (Rosette) of violating her conditions of supervised release 1) by knowingly interacting with a convicted felon; and 2) by failing to complete her 180-day term at Passages Residential Re-Entry Center. (Doc. 226.)

At the revocation hearing, Rosette admitted to violating the conditions of her supervised release 1) by knowingly interacting with a convicted felon; and 2) by failing to complete her 180-day term at Passages Residential Re-Entry Center. (Doc. 276.) Judge Johnston found that the violations that Rosette admitted proved to be serious and warranted revocation, and recommended that Rosette receive a custodial sentence of 6 months 27 months supervised release to follow. (Doc. 277.) Rosette was advised of her right to appeal and her right to allocute before the undersigned. She waived those rights. (Doc. 276.) The violations prove serious and warrant revocation of Rosette's supervised release. The Court finds no clear error in Judge Johnston's Findings and Recommendations.

Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 277) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Charly McLain Rosette be sentenced to the custody of the United States Bureau of Prisons for 6 months and 27 months supervised release to follow.


Summaries of

United States v. Rosette

United States District Court, District of Montana
Apr 12, 2023
No. CR-18-63-GF-BMM (D. Mont. Apr. 12, 2023)
Case details for

United States v. Rosette

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. CHARLY MCLAIN ROSETTE, Defendant.

Court:United States District Court, District of Montana

Date published: Apr 12, 2023

Citations

No. CR-18-63-GF-BMM (D. Mont. Apr. 12, 2023)