Elawyers Elawyers
Washington| Change

U.S. v. DURAN, 10-11-DLB-EBA-1. (2017)

Court: District Court, E.D. Kentucky Number: infdco20170703a90 Visitors: 17
Filed: Jun. 30, 2017
Latest Update: Jun. 30, 2017
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the June 5, 2017 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins, wherein he recommends that the Court revoke Defendant Keith Duran's supervised release and impose a term of imprisonment of six (6) months and one (1) day, with six (6) months of supervised release to follow. (Doc. # 261). The Initial Revocation Hearing was held on May 24, 201
More

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the June 5, 2017 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins, wherein he recommends that the Court revoke Defendant Keith Duran's supervised release and impose a term of imprisonment of six (6) months and one (1) day, with six (6) months of supervised release to follow. (Doc. # 261). The Initial Revocation Hearing was held on May 24, 2017, at which time Defendant moved to dismiss the charges against him based on undue delay. (Doc. # 254). The Final Revocation Hearing was held on May 31, 2017, wherein Defendant admitted and pled guilty to Violation No's 2 and 3, and the United States moved to dismiss Violation No. 1. (Doc. # 258).

Defendant having waived his right to allocution (Doc. # 100), and the time for filing objections to the R&R having now expired, the R&R is ripe for the Court's consideration. Having reviewed the R&R, and the Court concluding that the R&R 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 Report and Recommendation (Doc. # 261) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;

(2) Violation No. 1 is dismissed without prejudice;

(3) Defendant Keith Duran is found to have VIOLATED the terms of his supervised release as detailed in the February 27, 2017 violation report and February 28, 2017 memorandum;

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

(4) Defendant is sentenced to the CUSTODY of the Attorney General for a period of six (6) months and one (1) day, with six (6) months supervised release to follow in a halfway house;

(5) Defendant's sentence, if possible, shall be served at a federal correctional facility and halfway house located near his home in the Southern District of Florida;

(6) Defendant's motion to dismiss (Doc. # 255) is denied; and

(7) A Judgment shall be entered concurrently herewith.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer