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United States v. Zamora

United States District Court, District of Montana
Feb 16, 2023
No. CR-04-18-GF-BMM (D. Mont. Feb. 16, 2023)

Opinion

CR-04-18-GF-BMM

02-16-2023

UNITED STATES OF AMERICA, Plaintiff, v. OSCAR A. ZAMORA, Defendant.


ORDER

Brian Morris, Chief District Judge United States District Court

United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on January 27, 2023. (Doc. 119.)

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 January 26, 2023. (Doc. 118.) The United States accused Oscar Zamora, (Zamora) of violating his conditions of supervised release by failing to successfully complete his sex offender treatment program. (Doc. 110.)

At the revocation hearing, Zamora denied the alleged violation. At the revocation hearing, the government satisfied the burden of proof with respect to the alleged violation with witness testimony. (Doc. 118.) Judge Johnston found that the violation to be serious and warranted revocation, and recommended revocation of Zamora's supervised release and recommended a custodial sentence until November 19, 2023, with no supervised release to follow. (Doc. 119.) Zamora was advised of his right to appeal and his right to allocute before the undersigned. (Doc. 118.) The violations prove serious and warrant revocation of Zamora's supervised release. 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. 119) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Oscar A. Zamora be sentenced to the Bureau of Prisons until November 19, 2023, with no supervised release to follow. Zamora should serve his term of custody at a Bureau of Prisons facility in Arizona.


Summaries of

United States v. Zamora

United States District Court, District of Montana
Feb 16, 2023
No. CR-04-18-GF-BMM (D. Mont. Feb. 16, 2023)
Case details for

United States v. Zamora

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. OSCAR A. ZAMORA, Defendant.

Court:United States District Court, District of Montana

Date published: Feb 16, 2023

Citations

No. CR-04-18-GF-BMM (D. Mont. Feb. 16, 2023)