Opinion
CRIMINAL NO. 4:02-CR-00088
01-30-2014
UNITED STATES OF AMERICA v. ANDRE RETAY TONEY (8)
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the above-referenced criminal action, this court having heretofore referred the request for revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. The court has received the report of the United States Magistrate Judge pursuant to its order. Defendant having waived allocution before this court as well as his right to object to the report of the Magistrate Judge, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct.
It is, therefore, ORDERED that the Magistrate Judge's Report is ADOPTED as the opinion of the court. It is further ORDERED that Defendant's supervised release is hereby REVOKED. It is further ORDERED that Defendant be committed to the custody of the Bureau of Prisons to be imprisoned for a term of thirteen (13) months with no supervised release to follow. The Court further recommends that Defendant's term of imprisonment be carried out in El Reno FCI, if eligible.
IT IS SO ORDERED.
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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE