United States District Court, E.D. Kentucky, Southern Division, London
Gregory F. Van Tatenhove United States District Judge.
matter is before the Court on the Report and Recommendation
filed by United States Magistrate Judge Hanly A. Ingram. [R.
107.] Defendant Dennie Wayne Taylor has been charged with
three violations of his supervised release for committing
three separate state crimes. Id. at 1. Mr. Taylor
was arrested on December 15, 2017, for Assault in the Fourth
Degree, in violation of KRS § 508.030, for striking the
side of Bradley Barrett's head on November 29, 2017.
Id. On December 20, 2017, Mr. Taylor was charged
with Criminal Mischief in the Second Degree, in violation of
KRS § 512.030, for causing damage to a vehicle belonging
to Michelle Asher on December 15, 2017. Id. at 2.
Mr. Taylor was also arrested again on December 20, 2017, for
violating an Emergency Protective Order, in violation of KRS
§ 403.763. Id. All three crimes are Class A
Taylor's final revocation hearing held on January 10,
2018, Ms. Asher testified to her romantic relationship with
Mr. Taylor. Id. at 2-3. According to Ms. Asher, she
and Mr. Taylor began their relationship in August of 2017,
and they began cohabitating the next month. Id. at
3. Shortly after, she became pregnant with Mr. Taylor's
child. Id. She attempted to keep their relationship
secret because he was a former client of her employer, and
such a relationship would result in her termination.
Id. However, on November 23, 2017, Mr. Taylor took
Ms. Asher's phone and exposed their relationship to her
employer, her friends, and her family, forcing Ms. Asher to
resign her position two days later. Id. Then, on
November 29, 2017, Ms. Asher met with Mr. Taylor to discuss a
meeting with his probation officer before meeting with
Bradley Barrett, a friend with whom she used to live, to pay
a bill. Id. Mr. Taylor followed her, blocked their
cars, and begin punching Mr. Barrett several times.
Id. at 4.
Asher went to the gynecologist on December 13, and Mr. Taylor
accompanied her. Id. The two argued, and he
threatened her and Mr. Barrett. Id. Ms. Asher
obtained an Emergency Protection Order on December 14, 2017.
Id. The Protective Order Summons was served on Mr.
Taylor the next day, but he attempted to contact her via
Facebook. Id. at 4-5. After passing her on Highway
80, Mr. Taylor followed her to a parking lot and began to hit
her car with a large rock. Id. at 5. The cost to
repair this damage totaled $692.57. Id.
hearing, Mr. Taylor did not produce any evidence to
contradict Ms. Asher's testimony, and his probation
officer, Officer Nick Jones, testified that her testimony was
consistent with his previous conversations with her.
Id. at 6. Instead, Mr. Taylor attacked Ms.
Asher's credibility, claiming that she was angry for
losing her job and that she had reciprocated threatening
behavior toward Mr. Taylor. Id. at 7. Subsequently,
Judge Ingram prepared a Report and Recommendation which
evaluates the relevant 18 U.S.C. § 3553 factors.
with some minor discrepancies in her testimony, Judge Ingram
found Ms. Asher's testimony credible. Id. at 8.
Based on this testimony, Judge Ingram found by a
preponderance of the evidence that the substantive elements
of each crime had been established. Id. The
Government argued for revocation with fourteen months of
incarceration followed by twenty- two months of supervised
release, the remainder of Mr. Taylor's initial term.
Id. at 9. Mr. Taylor disagreed, requesting a term of
incarceration within the appropriate Guideline Range, but
with half of that term to be served in home or community
incarceration, followed by an additional term of supervised
release. Id. Judge Ingram determined Mr.
Taylor's Guideline Range resulted in a term of
imprisonment from five to eleven months. Id. at 10;
U.S.S.G. § 7B1.4(a). Based on Mr. Taylor's history
and the severity of both the underlying conviction and the
violations, Judge Ingram determined a term of imprisonment
above the Guideline Range was appropriate, and ultimately
recommends that this Court sentence Mr. Taylor to fourteen
months of incarceration, followed by twenty-two months of
supervised release. Id. at 14-15. In addition to the
conditions previously imposed for supervised release, Judge
Ingram also recommends the following additional conditions:
1. That Mr. Taylor be prohibited from contacting Michelle
Asher, except for matters regarding their child, and then
only with prior approval from the United States Probation
2. That Mr. Taylor be required to attend mental health
treatment to address his anger issues upon his release.
to Rule 59(b) of the Federal Rules of Criminal Procedure, the
Report and Recommendation advises the parties that objections
must be filed within fourteen (14) days of service.
Id. at 16; see 28 U.S.C. § 636(b)(1).
No. objections to Judge Ingram's Report and
Recommendation were filed within the appropriate time period
by either party. Mr. Taylor filed notice that he had no
objections to the Report and Recommendation and has waived
his right to allocution. [R. 108.]
this Court must make a de novo determination of
those portions of the Report and Recommendation to which
objections are made. 28 U.S.C. § 636(b)(1)(c). But when
no objections are made, as in this case, the Court is not
required to “review . . . a magistrate's factual or
legal conclusions, under a de novo or any other
standard.” See Thomas v. Arn, 474 U.S. 140,
151 (1985). Parties who fail to object to a magistrate
judge'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 (6th Cir. 1981). Nevertheless, the Court has
examined the record and agrees with Judge Ingram's
recommended disposition. Accordingly, it is hereby
ORDERED as follows:
Report and Recommendation [R. 107] as to
Defendant Dennie Wayne Taylor is ADOPTED as
and for the Opinion of the Court;
Taylor is found to have violated the terms of his Supervised
Release as set forth in the Report filed by the U.S.
Probation Officer and the Recommended Disposition of the
Taylor's Supervised Release is REVOKED;
Taylor is hereby sentenced to a term of incarceration ...