Filed: Apr. 22, 2015
Latest Update: Apr. 22, 2015
Summary: ORDER ADOPTING FINDING AND RECOMMENDATIONS OF MAGISTRATE JUDGE BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on April 7, 2015. (Doc. 59). Neither party filed objections. The Court need not review de novo the proposed Findings and Recommendations when a party makes no objections. Thomas v. Arn, 474 U.S. 140 , 149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations for clear err
Summary: ORDER ADOPTING FINDING AND RECOMMENDATIONS OF MAGISTRATE JUDGE BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on April 7, 2015. (Doc. 59). Neither party filed objections. The Court need not review de novo the proposed Findings and Recommendations when a party makes no objections. Thomas v. Arn, 474 U.S. 140 , 149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations for clear erro..
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ORDER ADOPTING FINDING AND RECOMMENDATIONS OF MAGISTRATE JUDGE
BRIAN MORRIS, District Judge.
United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on April 7, 2015. (Doc. 59). Neither party filed objections. The Court need not review de novo the proposed Findings and Recommendations when a party makes no objections. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Flynn admitted to having violated standard condition 7 and special condition 2 of her supervised release by using controlled substances and by purposefully adulterating a urinalysis sample. (Doc. 59). Judge Johnston found Flynn's admissions sufficient to establish a supervised release violation. Id. Judge Johnston recommends that this Court revoke Flynn's supervised release. Id. Judge Johnston also recommends that the Court sentence Flynn to 4 months imprisonment with a term of 12 months of supervised release to follow. Id. Judge Johnston further recommends that Flynn reside in a residential re-entry center for 6 months upon her discharge from incarceration. Id.
Flynn's criminal history category is I, the current offense is a Grade C violation, and the underlying offense is a Class D felony. The statutory range is a maximum of 24 months in custody followed by a term of supervised release of up to 36 months, less any custody time imposed. The applicable guideline range is 3 to 9 months in custody.
This Court finds no clear error in Judge Johnston's Findings and Recommendations and adopts them in full. Flynn admitted that she violated standard condition 7 of her supervised release by consuming alcohol. Flynn also violated special condition 2 of her supervised release by adulterating a urinalysis sample. A sentence of 4 months imprisonment with a term of 12 months supervised release to follow is appropriate. Flynn shall reside in a residential re-entry center for 6 months following her release from custody in an effort to address her substance abuse issues.
IT IS HEREBY ORDERED that Judge Johnston's Findings and Recommendations (Doc. 59) is ADOPTED IN FULL and Judgment shall be entered accordingly.
