Opinion
4:19-cr-35-CDL-MSH
01-16-2024
UNITED STATES OF AMERICA v. KENNETH SHULTS, Defendant.
REPORT AND RECOMMENDATION
STEPHEN HYLES, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Defendant's motion for sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) (ECF No. 54). The Government supports Defendant's motion and concedes that Defendant is eligible for a sentence recalculation with the District Judge considering and applying the § 3553 factors. Gov.'s Resp., ECF No. 55. Accordingly, it is recommended that Defendant's motion for sentence reduction (ECF No. 54) be GRANTED-in-part and that the District Judge consider whether a reduction of Defendant's sentence is warranted.
In light of this recommendation, the parties need not file a status report. See Order, ECF No. 58.
Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, within fourteen (14) days after being served with a copy hereof. The district judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error.
The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3-1, “[a] party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice.”
SO RECOMMENDED.