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USA v. Mays, 15-37-DLB-CJS. (2018)

Court: District Court, E.D. Kentucky Number: infdco20180109872 Visitors: 4
Filed: Jan. 06, 2018
Latest Update: Jan. 06, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. #30), wherein she recommends that the Court revoke Defendant Gary May's supervised release and impose a sentence of eleven (11) months, with no supervised release to follow. During the Final Revocation Hearing, conducted by Judge Smith on September 25, 2017, (Doc. #28), Defendant admi
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. #30), wherein she recommends that the Court revoke Defendant Gary May's supervised release and impose a sentence of eleven (11) months, with no supervised release to follow. During the Final Revocation Hearing, conducted by Judge Smith on September 25, 2017, (Doc. #28), Defendant admitted to violating the terms of his supervised release, as set forth in the August 29, 2017 Violation Report. (Doc. #27).

Defendant having waived his right to allocution, (Doc. #28), and the time period for filing objections to the R&R having run, this matter is now ripe for the Court's consideration. The Court having reviewed the R&R, and concluding that it is sound in all respects, including the recommended sentence and the basis for said recommendation, and being otherwise sufficiently advised,

IT IS ORDERED as follows:

(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. #30) 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 his supervised release;

(3) Defendant's supervised release is hereby REVOKED;

(4) Defendant is sentenced to the CUSTODY of the Attorney General for a period of eleven (11) months, with no supervised release to follow;

(5) Defendant is ordered to pay his fine of $1,500.00 and make restitution (currently owed in the amount of $10,777.00), jointly and severally with his co-Defendants, as previously imposed by the United States District Court for the Southern District of Ohio in its sentencing of Defendant, (Doc. #1-3 at 6), and any payment plan established for making such payments shall commence within thirty (30) days of Defendant being released from any term of imprisonment imposed.

(6) The Court recommends that the Bureau of Prisons place Defendant at the federal correctional facility located close to the Northern Kentucky/Greater Cincinnati area, for service of the sentence imposed;

(7) Defendant is ordered to self surrender on January 16, 2018, by no later than 2:00 p.m., to the United States Marshal's Office in Covington, Kentucky; and

(8) A Judgment shall be entered contemporaneously herewith.

Source:  Leagle

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