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United States v. Stacey

United States District Court, E.D. Kentucky, Southern Division London

July 30, 2015

UNITED STATES OF AMERICA Plaintiff,
v.
STACY STACEY, Defendant.

ORDER

This matter is before the Court on the Recommended Disposition (also known as a Report and Recommendation) [R. 49] filed by United States Magistrate Judge Hanly A. Ingram. The Defendant, was charged with two violations of her supervised release: (1) using a controlled substance, and (2) committing another federal, state, or local crime. [R. 49 at 2.]

On June 18, Judge Ingram conducted a final hearing, wherein Defendant entered a voluntary and knowing stipulation.[1] [R. 49.] On July 7, Judge Ingram issued a Report and Recommendation which recommended that Defendant be sentenced to ten months imprisonment with a twenty-six month term of supervised release to follow in this case.[2][R. 49.] Under 18 U.S.C. § 3853(e)(3), the maximum revocation sentence that could be imposed is two years imprisonment. [R. 49 at 4.] Judge Ingram appropriately considered the 18 U.S.C. § 3353 factors in coming to his recommended sentence. [Id. at 3-7.] No objections were filed during the relevant time period and Defendant waived her right of allocution. [R. 50.]

Generally, this Court must make a de novo determination of those portions of a recommended disposition to which objections are made. 28 U.S.C. § 636(b)(1)(c). When no objections are made, however, this Court is not required to "review ... a magistrate's factual or legal conclusions, under a de novo or any other standard . . . ." Thomas v. Am, 474 U.S. 140, 150 (1985). Parties who fail to object to a Magistrate's report and recommendation are also barred from appealing a district court's order adopting that report and recommendation. United States v. Walters, 638 F.2d 947 (6thCir. 1981). Nevertheless, this Court has examined the record, and it agrees with the Magistrate Judge's Recommended Disposition.

Accordingly, and the Court being sufficiently advised, it is hereby ORDERED as follows:

(1) The Recommended Disposition [R. 49] as to the Defendant, Stacy Stacey, is ADOPTED as and for the Opinion of the Court;

(2) Stacey is found to have violated the terms of her Supervised Release as set forth in the Petition and Addendum filed by the U.S. Probation Office;

(3) Stacey's Supervised Release is REVOKED;

(4) Stacey is SENTENCED to TEN MONTHS which shall be served concurrently with her sentence in 6:08-CR-123-ART;

(5) Supervised release is REIMPOSED for a period of twenty-six months, again to be served concurrently with her sentence in 6:08-CR-123-ART, under the conditions recommended by the Magistrate Judge;

(6) Stacey has WAIVED her right to allocution [R. 50]; and, (7) Judgment shall be entered promptly.


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