Opinion
Civil Action No. 6:19-cr-053-CHB
10-19-2020
UNITED STATES OF AMERICA, Plaintiff, v. JAMES T. TOMBLIN, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDED DISPOSITION
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This matter is before the Court on the Recommended Disposition filed by United States Magistrate Judge Hanly A. Ingram [R. 13]. The Recommended Disposition addresses Defendant's reported violations of his supervised-release conditions and ultimately recommends a term of imprisonment of approximately four months.
In his Recommended Disposition, Magistrate Judge Ingram detailed the facts surrounding Defendant's two violations. [R. 13, pp. 1-2]. The violations stem from an August 20, 2020 urine sample that tested positive for methamphetamine. Id. at 2. Violation #1 alleges a violation of the condition that Defendant refrain from possessing or using any controlled substance unless prescribed by a physician. Id. Violation #2 charges a violation of the condition that Defendant refrain from committing another federal, state, or local crime. Id. Defendant entered a knowing, voluntary, and intelligent stipulation to both violations, acknowledging under oath that he used methamphetamine. Id. at 3.
Magistrate Judge Ingram considered the record, the Supervised Release Violations Report and its accompanying documents, and the sentencing materials from the underlying Judgment. Id. He also considered the factors set forth in 18 U.S.C. § 3553 and imported into the § 3583(e) analysis, including the gravity of the underlying offense, which in this case is a Class A felony. Id. He also addressed the Policy Statements of Chapter 7 of the Sentencing Guidelines and the advisory imprisonment ranges for revocation, which are based on criminal history and the "grade" of the violation. Id. 3-4. In this case, Defendant's Violation #2 qualifies as a Grade B violation. Id. at 4. This grade, when considered with Defendant's criminal history, results in a suggested imprisonment range of six to twelve months. Id. Magistrate Judge Ingram, after considering the arguments of the parties, the statutory factors, and the Sentencing Guidelines range, recommended a term of imprisonment of approximately fourth months, with a release date of December 18, 2020. Id. at 8.
Magistrate Judge Ingram's Recommended Disposition advised the parties that any objections must be filed within fourteen (14) days. Id. at 10. The time to file objections has passed, and neither party has filed any objections to the Recommended Disposition nor sought an extension of time to do so. Defendant has filed a Waiver of Allocution, waiving his right to appear before the District Court and waiving the right to make a statement and present information in mitigation. [R. 14]
Generally, this Court must make a de novo determination of those portions of the Recommended Disposition to which objections are made. 28 U.S.C. § 636(b)(1). When no objections are made, this Court is not required to "review . . . a magistrate's factual or legal conclusions, under a de novo or any other standard." See Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to object to a Magistrate Judge's recommended disposition are also barred from appealing a district court's order adopting that recommended disposition. United States v. White, 874 F.3d 490, 495 (6th Cir. 2017); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Nevertheless, this Court has examined the record and agrees with the Magistrate Judge's Recommended Disposition. Accordingly, the Court being otherwise sufficiently advised,
IT IS HEREBY ORDERED as follows:
1. The Magistrate Judge's Recommended Disposition [R. 13] is ADOPTED as the opinion of this Court;
2. Defendant James T. Tomblin is found GUILTY of Violation #1 and Violation #2;
3. Defendant Tomblin's supervised release is REVOKED;
4. Defendant Tomblin is sentenced to a term of imprisonment to terminate on December 18, 2020 with a new four-year term of supervised release to follow under the conditions previously imposed [R. 1-3];
5. An Amended Judgment will follow.
This the 19th day of October, 2020.
/s/
CLARIA HORN BOOM,
UNITED STATES DISTRICT COURT JUDGE
EASTERN AND WESTERN DISTRICTS OF
KENTUCKY