United States v. Smith

Full title: UNITED STATES OF AMERICA PLAINTIFF v. JOSEPH SMITH, III DEFENDANT

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON

Date published: Nov 25, 2015

CRIMINAL ACTION NO. 06-63-DLB-CJS (E.D. Ky. Nov. 25, 2015)

Opinion

CRIMINAL ACTION NO. 06-63-DLB-CJS

11-25-2015

UNITED STATES OF AMERICA PLAINTIFF v. JOSEPH SMITH, III DEFENDANT

David L. Bunning United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

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This matter is before the Court upon 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 twelve (12) months, with forty-eight (48) months of supervised release to follow. (Doc. # 52). Defendant appeared before Magistrate Judge Smith for a hearing on Defendant's alleged violations of his supervised release on November 4, 2015. (Doc. # 52). At that hearing, Defendant and the United States informed the Magistrate Judge Smith that they had reached an agreement on the pending violations and were prepared to proceed to a final revocation hearing. Defendant admitted to violating the terms of his supervised release, as set forth in the September 28, 2015 Violation Report of U.S. Probation and waived his right to appeal his sentence, so long as that sentence did not exceed the recommendation of Magistrate Judge Smith. (Doc. # 52).

Defendant has filed a waiver of his right to allocution (Doc. # 49) and has further waived the period for filing objections to Magistrate Judge Smith's R&R (Doc. # 52). Therefore, the R&R is ripe for review. The R&R being 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. # 52) 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 twelve (12) months incarceration, with forty-eight (48) months of supervised release to follow.

(5) A Judgment shall be entered contemporaneously herewith.

This 25th day of November, 2015.

Signed By:

David L . Bunning

United States District Judge