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U.S. v. JUSTICE, 11-4-DLB-EBA. (2013)

Court: District Court, E.D. Kentucky Number: infdco20130822a18 Visitors: 8
Filed: Aug. 21, 2013
Latest Update: Aug. 21, 2013
Summary: ORDER DAVID L. BUNNING, District Judge. This matter is before the Court upon the Magistrate Judge's Report and Recommendation (R&R) wherein he recommends that the Court sentence Defendant to a term of twelve (12) months, with no supervised release to follow, and that "the violation charging that the Defendant failed to work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons, be DISMISSED on motion of the United States
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ORDER

DAVID L. BUNNING, District Judge.

This matter is before the Court upon the Magistrate Judge's Report and Recommendation (R&R) wherein he recommends that the Court sentence Defendant to a term of twelve (12) months, with no supervised release to follow, and that "the violation charging that the Defendant failed to work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons, be DISMISSED on motion of the United States." (Doc. #32).

Defendant having executed a waiver of his right to allocution (See Doc. #29), no objections having been filed and the time to do so having now expired, the R&R is ripe for the Court's consideration. Having reviewed the R&R, the Court concludes 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 (Doc. #32) 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 TWELVE (12) MONTHS, with no supervised release to follow;

(5) The violation charging that the Defendant failed to work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons, is hereby DISMISSED on motion of the United States; and

(6) A Judgment shall be entered contemporaneously herewith.

Source:  Leagle

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