Opinion
CR-23-04-H-BMM
12-11-2023
UNITED STATES OF AMERICA, Plaintiff, v. WARREN WEBER, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
Brian Morris, Chief District Judge
United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on November 22, 2023. (Doc. 34.)
When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Bad Old Man v. Arn, 474 U.S. 140, 15352 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston conducted a revocation hearing on November 21, 2023. (Doc. 33.) The United States accused Warren Weber (Weber) of violating his conditions of supervised release 1) by failing to report to the United States probation Office within 72 hours of his release from prison; 2) by failing to register as a sex offender; 3) by using a computer capable of accessing the internet without obtaining the prior approval of his probation officer; 4) by leaving his residence without obtaining the prior approval of his probation officer; 5) by residing at his brother's house after November 14, 2023; and 6) by failing to reside as a place approved by his probation officer. (Doc. 30.)
At the revocation hearing, Weber admitted to having violated the conditions of his supervised release 1) by failing to report to the United States probation Office within 72 hours of his release from prison; 2) by using a computer capable of accessing the internet without obtaining the prior approval of his probation officer; 3) by leaving his residence without obtaining the prior approval of his probation officer; 4) by residing at his brother's house after November 14, 2023; and 5) by failing to reside as a place approved by his probation officer. (Doc. 33.) Judge Johnston dismissed alleged violation 2 on the government's motion. (Id.) Judge Johnston found that the violations Weber admitted are serious and warrants revocation of his supervised release and recommends a sentence until February 29, 2024 with a lifetime of supervised release to follow wit the first 180 days of supervised release in a residential re-entry center. (Doc. 34.) Weber was advised of his right to appeal and allocute before the undersigned. (Doc. 33.) The Court finds no clear error in Judge Johnston's Findings and Recommendations.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 34) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Warren Weber be sentenced to the Bureau of Prison until February 29, 2024 with a lifetime of supervised release to follow, with the first 180 days of supervised release in a residential re-entry center.