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U.S. v. Parker, CR-11-55-BMM. (2017)

Court: District Court, D. Montana Number: infdco20170913h05 Visitors: 5
Filed: Sep. 12, 2017
Latest Update: Sep. 12, 2017
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on September 12, 2017. (Doc. 52.) Mr. Parker waived his 14-day period to appeal the Findings and Recommendations. (Doc. 52 at 5.) Consequently, 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 ,
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on September 12, 2017. (Doc. 52.) Mr. Parker waived his 14-day period to appeal the Findings and Recommendations. (Doc. 52 at 5.) Consequently, 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, 153-52 (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 final revocation hearing on September 12, 2017. (Doc. 51.) Parker admitted that he violated the conditions of his supervised release. (Doc. 51.) Parker violated the conditions of his supervised release by 1) failing to report to sexual offender counseling on October 4, 2016, and October 11, 2016; 2) using methamphetamine on or about October 8, 2016, and Klonopin, a Schedule IV controlled substance, without an authorized prescription on October 11, 2016; 3) failing to report for random urinalysis testing; and 4) failing to participate in and complete a substance abuse treatment program by failing to report as scheduled on October 10, 2016. Id. Parker neither admitted nor denied that he failed to follow the probation officer's instructions. Id. Judge Johnston has recommended that the Court revoke Parker's supervised release. Id. at 6. Further, Judge Johnston has recommended Parker should be sentenced to time served through September 13, 2017 at 12:00p.m., with 25 months of supervised release to follow. Id.

The Court finds no clear error in Judge Johnston's Findings and Recommendations. Parker's violations of his conditions represent a serious breach of the Court's trust. A sentence of time served through September 13, 2017, at 12:00p.m., followed by 25 months of supervised release, represents a sufficient, but not greater than necessary sentence.

Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 52) is ADOPTED IN FULL.

IT IS FURTHER ORDERED that Defendant James Michael Parker be sentenced to time served through September 13, 2017, at 12:00p.m., followed by 25 months of supervised release.

Source:  Leagle

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