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United States v. McKenzie

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

May 28, 2015

UNITED STATES OF AMERICA,
v.
BILLY JOE McKENZIE, Defendant.

PLAINTIFF ORDER ADOPTING REPORT AND RECOMMENDATION

DAVID L. BUNNING, District Judge.

This matter is before the Court upon the April 30, 2015 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins (Doc. #183). On April 27, 2015, Judge Atkins held a final revocation hearing, during which Defendant Billy Joe McKenzie stipulated to two violations outlined in United States Probation Officer Allison Biggs' Violation Report (Doc. #173). Defendant allocuted before Judge Atkins, and waived his right to allocute before a United States District Court Judge (Doc. #178). He later wrote a letter to the Court detailing his efforts to maintain gainful employment and support his family (Doc. #184).

Neither party has filed Objections to Judge Atkins' R&R, and the time to do so has now expired. Having reviewed the R&R, and the Court concluding 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. #183) 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 as outlined in violation 1 and 3 of the April 20, 2015 Violation Report;

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

(4) Defendant is sentenced to the custody of the Attorney General for eight (8) months incarceration, with his term of supervision to resume upon release from imprisonment;

(5) A Judgment shall be entered concurrently herewith.


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