U.S. v. Brumfield

Full title: UNITED STATES OF AMERICA PLAINTIFF v. RACHEL NICOLE BRUMFIELD DEFENDANT

Court: United States District Court, E.D. Kentucky, Northern Division at Ashland

Date published: May 11, 2010

CRIMINAL ACTION NO. 07-22-DLB (E.D. Ky. May. 11, 2010)

Opinion

CRIMINAL ACTION NO. 07-22-DLB.

May 11, 2010

ORDER

DAVID BUNNING, District Judge

This matter is before the Court upon the Report and Recommendation (R R) of the United States Magistrate Judge (Doc. # 51) wherein he recommends that in lieu of revocation, the Court continue Defendant on supervised release, and impose an additional condition that she be placed at the Hope Center Recovery Program for Women for a period of time, not to exceed four (4) months. Defendant waived her right to allocute before the undersigned judge (Doc. # 48).

On March 31, 2010, Defendant filed a response to the R R (Doc. # 53). In that response, Defendant does not object to the R R. Rather, she requests that the Court order that she be placed at the Chrysalis House in Lexington as opposed to the Hope Center. Defendant further states that she is willing to await additional time in incarceration to obtain the additional benefits of the Chrysalis House. The Government having failed to file any response, and the time for such filing having now expired, the R R and Defendant's response are ripe for review. Having review the record, and the Court finding that Defendant's request to be placed at the Chrysalis House instead of the Hope Center is a reasonable one, and being otherwise sufficiently advised,

IT IS ORDERED AND ADJUDGED as follows:

1. The Report and Recommendation of the United States Magistrate Judge (Doc. # 51), be, and it is, hereby adopted in part as the findings of fact and conclusions of law of the Court (as to the violations) and denied in part (as to the placement at the Hope Recovery Center);

2. Defendant is found to have violated the terms of her supervised release, and her supervised release is continued as modified herein;

3. Defendant is remanded to the custody of the United States Marshal for a period not to exceed four (4) months, pending acceptance into the Chrysalis House in Lexington, Kentucky. Once accepted into the program, Defendant shall be transported to the Chrysalis House by the United States Marshal's Service. Her supervised release will expire as scheduled.