Opinion
CRIMINAL ACTION NO. 04-39-DLB-CJS
12-09-2015
UNITED STATES OF AMERICA PLAINTIFF v. ROBERT WISDOM DEFENDANT
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 (Doc. # 74), wherein she recommends that the Court revoke Defendant's supervised release and impose a sentence of eighteen (18) months imprisonment, with two (2) years supervised release to follow. During the Final Revocation Hearing conducted by Judge Smith on November 10, 2015, Defendant stipulated to violating the terms of his supervised release, as set forth in the July 1, 2015 Violation Report (Doc. # 64).
Defendant having executed a waiver of his right to allocution (Doc. # 73), and both parties having waived the time period for filing objections to the R&R, this matter is now ripe for the Court's consideration. The Court having reviewed the R&R, and concluding that it is sound in all respects, including the recommended sentence and the basis for said recommendation, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 74) 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 the CUSTODY of the Attorney General for a period of eighteen (18) months, with two (2) years supervised release to follow on the same conditions imposed in the Amended Judgment of June 19, 2006; and
(5) Defendant's sentence shall be served, if feasible, at the federal correctional facility nearest his home in Cincinnati, Ohio.
This 9th day of December, 2015.
Signed By:
David L . Bunning
United States District Judge