United States District Court, E.D. Kentucky, Central Division, Frankfort
Gregory F. Van Tatenhove United States District Judge
matter is before the Court on the Report and Recommendation
filed by former United States Magistrate Judge Robert E.
Wier. [R. 40.] Defendant Lloyd Antoni McKnight has been
charged with two violations of his supervised release for use
of cocaine. Id. at 1-2.
McKnight was sentenced in this Court to forty-two (42) months
imprisonment for distribution of oxycodone and possession of
a firearm. [R. 27.] He began his three-year term of
supervised release on February 25, 2016.
to the Supervised Release Violation Report (the Report)
issued by the United States Probation Office (USPO) on April
2, 2018, Mr. McKnight submitted a urine sample that tested
positive for cocaine metabolite. [R. 40 at 1-2.] Mr. McKnight
then admitted use of cocaine. The Report charges him with
Violation #1 for violating Standard Condition #7, which
prohibits him from any unlawful use of a controlled
substance, a Grade C Violation, and Violation #2 for
committing another federal, state, or local crime, a Grade B
of cocaine is a Class E Felony. 21 U.S.C. §
his initial appearance before former Magistrate Judge Robert
E. Wier on May 9, 2018, the United States did not seek
interim detention, and Judge Wier placed him on home
detention pending final hearing. [R. 38.] On May 21, 2018,
Judge Wier held a final revocation hearing, where Mr.
McKnight competently entered a knowing, voluntary, and
intelligent stipulation to the violation. [R. 39.]
Subsequently, Judge Wier prepared a Report and
Recommendation, which evaluates the relevant 18 U.S.C. §
Mr. McKnight's criminal history category of IV and a
Grade B violation,  Judge Wier calculated his Guidelines Range
to be twelve (12) to eighteen (18) months. [R. 40 at 3.]
Although this is the first request from USPO to revoke Mr.
McKnight's release, this is not his first violation. In
late 2017, he was arrested for speeding, reckless driving,
operating a motor vehicle under the influence of alcohol, and
possession of an open alcohol container. In accordance with
the recommendation from USPO, this Court required him to
enroll in Alcoholic Anonymous, but did not revoke his
consideration of the nature and circumstances of Mr.
McKnight's conviction, as well as his history and
characteristics, Judge Wier found revocation to be
appropriate in this case. [R. 40 at 4-5.] Mr. McKnight's
criminal history is significant, but his current
circumstances suggest he has turned over a new leaf. He has
secured long-term, stable employment, is now engaged, and has
recently purchased a home with his fiancée.
Id. at 4. During the period between initial hearing
and final revocation hearing, Mr. McKnight had no condition
compliance issues. Id. Accordingly, Judge Wier did
not believe long-term incarceration was warranted in this
situation. Id. Instead, he recommended six (6)
months of home detention plus eight (8) weekends of
incarceration and fifty (50) hours of community service to be
completed before conclusion of his supervision. Id.
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 Wier's Report and Recommendation
were filed within the appropriate time by either party. Mr.
McKnight instead has filed a waiver of his right to
allocution. [R. 41.]
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 Wier's
recommended disposition. Accordingly, it is hereby
ORDERED as follows:
Report and Recommendation [R. 40] as to
Defendant Lloyd Antoni McKnight, is ADOPTED
as and for the Opinion of the Court;
McKnight is found GUILTY of Violation #1 and
McKnight's Supervised ...