Opinion
CRIMINAL ACTION NO. 07-94-DLB.
May 28, 2010
ORDER
This matter is before the Court upon the Report Recommendation (R R) of the United States Magistrate Judge wherein he recommends that the Court revoke Defendant's supervised release and impose a sentence of four (4) months imprisonment followed by two (2) years of supervised release. (Doc. #72). At a final revocation hearing conducted by Magistrate Judge J. Gregory Wehrman on May 12, 2010, the Defendant admitted to committing Violation #1 as described in the April 23, 2010 Probation Violation Report; in exchange for that admission, the United States agreed to dismiss the other violation contained in the Report.
Defendant has not filed any objections to the Magistrate Judge's R R or provided written notification of her desire to address the Court prior to sentencing. The time for filing both having now expired, the R R is ripe for review. The Court having reviewed the R R and finding the recommended sentence appropriate in light of Defendant's continued use of illegal substances in violation of the conditions of her supervised release, and being otherwise sufficiently advised; IT IS ORDERED as follows:
1. The Report and Recommendation (Doc. #72) 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 her supervised release by committing Violation #1 as described in the April 23, 2010 Probation Violation Report. Violation #2 is dismissed;
3. Defendant's supervised release is hereby REVOKED;
4. Defendant is sentenced to the CUSTODY of the Attorney General for a period of four (4) months to be followed by two (2) years of reimposed supervised release with all previously imposed conditions that remain undischarged at this time;
5. Upon release from incarceration, the Defendant is required to enter and complete an inpatient substance abuse treatment program to be designated by the United States Probation Office; and
6. A Judgment shall be entered concurrently herewith.