Opinion
4:08-CR-44 (1) (MAC-DDB).
September 23, 2008
MEMORANDUM ORDER
The court referred a petition alleging violation of supervised release conditions to United States Magistrate Judge Chad Everingham, at Sherman, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Amended Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence.
At the close of the revocation hearing, defendant, defense counsel and counsel for the government, each signed a standard form waiving their right to object to the proposed findings and recommendations contained in the magistrate judge's report, consenting to revocation of supervised release and imposition of the sentence recommended therein, and defendant waived his right to be present with counsel and to speak at sentencing.
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. It is therefore
ORDERED and ADJUDGED that the petition is GRANTED and defendant's supervised release is REVOKED. Judgment and commitment will be entered separately, in accordance with the magistrate judge's recommendations. It is further REQUESTED that the Bureau of Prisons place the defendant in its Seagoville, Texas, facility during the period of his confinement