Opinion
CRIMINAL ACTION 3:19-CR-303-S
06-26-2023
UNITED STATES OF AMERICA v. JIMMY RAY TYSON (1)
ORDER ADOPTING REPORT & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DEFENDANT'S WAIVER OF RIGHT TO OBJECT
KAREN GREN SCHOLER UNITED STATES DISTRICT JUDGE
The Court referred the request for revocation of Defendant's Supervised Release [ECF Nos. 93,108, and 132] to the United States Magistrate Judge to “conduct a hearing on the alleged violations” contained within and “to make findings and a recommendation for modification, revocation, or termination” of Defendant Jimmy Ray Tyson's term of supervised release. See Order, ECF No. 130. The Court has received the Report and Recommendation of the United States Magistrate Judge and Defendant's Waiver of Right to Object [ECF No. 137] and the Electronic Amendment to Report and Recommendation [ECF No. 138] (collectively, the “Recommendation”) pursuant to its order. Defendant waived his right to object to the Recommendation and to allocute before the district judge. See Recommendation, ECF No. 137. The Court is of the opinion that the Recommendation of the Magistrate Judge is correct.
It is, therefore, ORDERED that the Magistrate Judge's Report is ADOPTED as the opinion and findings of the Court. It is further ORDERED that the Defendant be committed to the custody of the Bureau of Prisons to be imprisoned for a term of eighteen (18) months, with no further term of supervised release to follow.
The Court makes the non-binding recommendation that Defendant be allowed to serve his sentence at FCI Seagoville, Seagoville, Texas or FCI Fort Worth, Fort Worth, Texas. The Court further recommends that Defendant receive credit for the 246 days spent in federal custody from February 3, 2022, to October 7, 2022, inclusive.
SO ORDERED.