Opinion
CRIMINAL 3:20-CR-164-S
08-25-2023
UNITED STATES OF AMERICA v. TERRY ALLEN SIMPSON
REPORT & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DEFENDANT'S WAIVER OF RIGHT TO OBJECT
RENEE HARRIS TOLIVER, UNITED STATES MAGISTRATE JUDGE
Defendant TERRY ALLEN SIMPSON is charged in a petition with a violation of the terms of her supervised release. On this date, the United States magistrate judge conducted a revocation hearing. Defendant appeared in person and represented by counsel.
Based on Defendant's plea of true to the allegations in the petition and the evidence and arguments offered at the hearing, the magistrate judge recommends the United States District Judge:
1. find Defendant violated the terms of his supervised release, specifically, the Special Conditions prohibiting, inter alia, possession of an internet-capable communications device and possessing or viewing pornographic images, and requiring participation in a sex offender treatment program; but
2. not revoke Defendant's supervised release; and
3. amend the conditions of supervised release to include the completion of 80 hours of community service and mental health treatment/counsel, both as directed by the Probation Officer.
SO RECOMMENDED.
In open court, the magistrate judge informed Defendant that any recommendation of revocation of supervised release, and the imposition of any sentence, is subject to the approval of the United States District Judge, and that Defendant may object to the magistrate judge's recommendation before any additional sentence is imposed.
I, Defendant [Defendant's name], hereby
[X] waive my right to object to the report and recommendation of the magistrate judge and any right to allocution before the district judge before sentence is imposed.
[ ] do NOT waive my right to object to the report and recommendation of the magistrate judge and understand that I have 14 days to file written objections.