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United States v. Wilson

United States District Court, E.D. Kentucky, Northern Division, Covington

December 17, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
BRADLEY WILSON, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

DAVID L. BUNNING, District Judge.

This matter is before the Court upon the November 18, 2014 Report and Recommendation (R&R) of the United States Magistrate Judge, wherein she recommends that the Court revoke Defendant's supervised release and impose a sentence of eleven (11) months incarceration, credit to be given for time served since his detention on the charged violations, with no supervised release to follow; and that the Defendant be ordered to make restitution as previously imposed by this Court, the balance of which is presently $690. (Doc. # 85).

During the final revocation hearing conducted by Magistrate Judge Candace J. Smith on November 13, 2014, the Defendant admitted to violating the terms of his supervised release, as set forth in the October 22, 2014 violation report of U.S. Probation Officer Leanne M. Vonderhaar and the November 3, 2014 Addendum. The Defendant having notified the Court that he has waived his right to allocution and that he does not have any objections to the Magistrate's R&R (Doc. # 86), the R&R is ripe for the Court's consideration.

Having reviewed the R&R, and finding 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 Report and Recommendation (Doc. # 85) 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 eleven (11) months, credit to be given for time served since his detention on the charged violation, with no supervised release to follow; and,

5. Defendant shall make restitution as previously imposed by this Court, the balance of which is presently $690; and

6. A Judgment shall be entered concurrently herewith.


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