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United States v. Kemplin

United States District Court, Sixth Circuit

October 23, 2013

UNITED STATES OF AMERICA Plaintiff,
v.
SALLY MARIE KEMPLIN, Defendant.

ORDER ADOPTING REPORT & RECOMMENDATION

DAVID L. BUNNING, District Judge.

This matter is before the Court upon the Report and Recommendation ("R&R") of the United States Magistrate Judge (Doc. # 203), wherein he recommends that Defendant's supervised be revoked and that the Court impose a sentence of twelve (12) months and one (1) day, with no supervised release to follow. During the final revocation hearing conducted by Magistrate Judge Edward Atkins on September 5, 2013, Defendant admitting to violating the terms of her supervised release as set forth in the May 1, 2013 Supervised Release Violation Report. The United States and Defendant also informed the Court that they reached an oral agreement to recommend a sentence of one year and one day imprisonment for said violations.

Defendant having waived her right to allocution (Doc. # 201), and no objections to the R&R 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. # 203) 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 her 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 AND ONE (1) DAY, with no supervised release to follow; and

(5) A Judgment shall be entered contemporaneously herewith.


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