Opinion
CR-15-43-GF-BMM
06-28-2021
UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM ALEXANDER CRUZ, Defendant.
ORDER
BRIAN MORRIS, CHIEF DISTRICT JUDGE
United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on June 26, 2021. (Doc. 87.)
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, 153-52 (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 June 24, 2021. (Doc. 86.) The United States accused Cruz of violating his conditions of supervised release by committing another crime. (Doc. 67.)
At the revocation hearing the government satisfied its burden of proof with respect to the alleged violation. (Doc. 86.) Judge Johnston found that the violation proved to be serious and warranted revocation, and recommended that Cruz receive a custodial sentence of time served with no supervised release to follow. (Doc. 87.) Cruz was advised of his right to appeal and his right to allocute before the undersigned. (Doc. 86.) The violation proves serious and warrants revocation of Cruz'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. 87) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant William Alexander Cruz be sentenced to time served, with no supervised release to follow.