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U.S. v. Williams, 04-14015-CIV-GRAHAM/MAYNARD. (2017)

Court: District Court, N.D. Florida Number: infdco20170922882 Visitors: 18
Filed: Sep. 21, 2017
Latest Update: Sep. 21, 2017
Summary: ORDER DONALD L. GRAHAM , District Judge . THIS CAUSE came before the Court on the Magistrate Judge's Report and Recommendation on Final Hearing in Respect to the Petition Alleging Violations of Supervised Release [D.E. 176], and Defendant Andre Jamaal Williams's Objections the Magistrate Judge's Report and Recommendation. (D.E. 177]. THIS MATTER was assigned to the Honorable United States Magistrate Judge Shaniek M. Maynard, on July 2017. On August 18, 2017, Magistrate Judge Maynard iss
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ORDER

THIS CAUSE came before the Court on the Magistrate Judge's Report and Recommendation on Final Hearing in Respect to the Petition Alleging Violations of Supervised Release [D.E. 176], and Defendant Andre Jamaal Williams's Objections the Magistrate Judge's Report and Recommendation. (D.E. 177].

THIS MATTER was assigned to the Honorable United States Magistrate Judge Shaniek M. Maynard, on July 2017. On August 18, 2017, Magistrate Judge Maynard issued a Report and Recommendation recommending that Defendant "be found to have violated his supervised release in respect to Violations and except that with respect to Violation 2, there is no finding that Defendant possessed a synthetic narcotic, opium or derivative with intent sell, deliver, manufacture within 1000 feet of a place worship, or possessed new legend drugs without a prescription violation of state [D.E. 176]. Thereafter, Defendant filed timely objections to the Magistrate Judge's Report and Recommendation. ED .E.

I. Defendant's Objections

First, Defendant generally objects to finding that the government has established Violation 1 by a preponderance of the evidence. [D.E. at 117 at ¶ 1] With respect to Violations and while conceding that he may have touched the firearms at issue, Defendant denies that he possessed or exercised dominion and control over the firearms. [D.E. 177 ¶ 2 and 7]. Also, Defendant objects, without any supporting law, to the Report's correlation that the "small quantities of drugs located on the premises are evidence firearm possession." [D.E. at 177 at ¶ 3] Finally, Defendant objects to the conclusions that possessed grams of marijuana with the intent to distribute, possessed excess 20 grams marijuana, and possessed drug paraphernalia in the form of clear baggies and a digital scale.

II Analysis

Upon a finding "by a preponderance of the evidence that the defendant violated condition supervised release," Section 3583(e)(3) permits the court "revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release" 18 U.S.C. 5 3583 (e)(3) United States v. Cunningham, F.3d 1264, 1266 (11th 2010). After an independent review of the record the Court agrees that the Defendant's violation supervised release has be proven by a preponderance of the evidence. Cunningham at 1268 (11th Cir. 2010). Moreover, the Court finds no persuasive argument Defendant's objections to the Magistrate's Report and Recommendation.

III. Conclusion

THE COURT has conducted an independent review of the record and is otherwise fully advised in the premises. Accordingly, for the aforementioned reasons, is

ORDERED AND ADJUDGED that United States Magistrate Judge Shaniek M. Maynard Report [D.E. 14] is hereby RATIFIED, AFFIRMED and APPROVED in its entirety. It is further

ORDERED AND ADJUDGED that Defendant Andre Jamaal Williams found have violated his supervised release with respect to Violations and except that with respect to Violation Defendant did not possess a synthetic narcotic, opium or derivative with intent to sell, deliver, manufacture within 1000 feet of a place of worship, possessed new legend drugs without a prescription in violation of state law.

DONE AND ORDERED.

Source:  Leagle

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