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U.S. v. EAGLE, CR-11-87-GF-BMM. (2017)

Court: District Court, D. Montana Number: infdco20170519b58 Visitors: 4
Filed: May 18, 2017
Latest Update: May 18, 2017
Summary: ORDER BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter May 3, 2017. (Doc. 88.) Neither party filed objections. When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140 , 149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach
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ORDER

United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter May 3, 2017. (Doc. 88.) Neither party filed objections. When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

Judge Johnston conducted a revocation hearing on April 24, 2017. (Doc. 88 at 3.) Spotted Eagle admitted that he violated the conditions of his supervised release. The violations prove serious and warrant revocation of Spotted Eagle's supervised release. Judge Johnston has recommended that the Court revoke Spotted Eagle's supervised release and commit Spotted Eagle to the custody of the Bureau of Prisons for nine months. (Doc. 88 at 4.) Judge Johnston further has recommended that no supervised release follow Spotted Eagle's term of custody. Id.

The Court finds no clear error in Judge Johnston's Findings and Recommendations. Spotted Eagle's violation of his conditions represents a serious breach of the Court's trust. A sentence of nine months custody followed by no supervised release represents a sufficient, but not greater than necessary, sentence.

IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 88) is ADOPTED IN FULL.

IT IS FURTHER ORDERED that Defendant David Lee Spotted Eagle be sentenced to nine months custody followed by no supervised release.

Source:  Leagle

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