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U.S. v. Conley, 10-73-DLB-CJS-2. (2018)

Court: District Court, E.D. Kentucky Number: infdco20180307c37 Visitors: 2
Filed: Mar. 06, 2018
Latest Update: Mar. 06, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the February 15, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith, wherein she recommends that the Court revoke Defendant Marocko D. Conley's supervised release and impose a sentence of thirteen (13) months incarceration, with credit to be given for time served since his detention, with no term of supervised release to follow. (Doc. # 14
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the February 15, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith, wherein she recommends that the Court revoke Defendant Marocko D. Conley's supervised release and impose a sentence of thirteen (13) months incarceration, with credit to be given for time served since his detention, with no term of supervised release to follow. (Doc. # 146). During the Final Revocation Hearing, conducted by Judge Smith on October 24, 2017 (Doc. # 143), the Defendant admitted to Violations 2 and 3 as set forth in the October 12, 2017 Violation Report (Doc. # 143). At that time, the United States moved to dismiss Violation 1. (Doc. # 144).

Defendant having now executed a waiver of his right to allocution (Doc. # 147), and the indicating he does not object to the R&R (Doc. # 146), 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 the Court being otherwise sufficiently advised,

IT IS ORDERED as follows:

(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 146) 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 as set out in Violations 2 and 3 of the October 12, 2017 Supervised Release Violation Report;

(3) Violation 1 of the October 12, 2017 Supervised Release Violation Report is hereby DISMISSED;

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

(5) Defendant is sentenced to the CUSTODY of the Attorney General for a period of thirteen (13) months, credit to be given for time served since his detention on the charged violations, with no term of supervised release to follow;

(6) Defendant's confinement shall be served, if feasible, at the Bureau of Prisons approved facility closes to the Defendant's home in Newport, Kentucky; and

(7) A Judgment shall be entered concurrently herewith.

Source:  Leagle

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