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.
428.] Defendant Garrett Lamb, Sr., has been charged with one
violation related to his use of prescription oxycodone.
Id. at 2.
24, 2012, this Court sentenced Mr. Lamb to fifty-seven months
imprisonment for conspiracy to distribute a substance
containing cocaine. [R. 298; R. 300.] He began his first term
of supervised release on March 9, 2015. [R. 428 at 1.] In
June of 2017, the United States Probation Office (USPO)
issued a violation report, upon which Mr. Lamb was arrested
and his release subsequently revoked for failure to follow
the instructions of his probations officer. [R. 403; R. 416.]
He was sentenced to an additional six months imprisonment,
followed by a year of supervised release. [R. 416.] Mr. Lamb
was released to begin his second term of supervised release
on December 26, 2017. [R. 428 at 1.]
to the Supervised Release Violation Report (the Report)
issued by USPO on September 18, 2018, Probation Officer Jon
Rapier visited Mr. Lamb at his residence on September 11,
2018. Id. at 2. Officer Rapier asked Mr. Lamb to
produce his oxycodone prescription, and Mr. Lamb returned
with a bottle that had been filled on August 17, 2018.
Id. The bottle had originally contained 120
oxycodone tablets, according to the label, however, Officer
Rapier noticed that the tablets in the bottle were unmarked,
inconsistent with the label indicating the tablets should be
marked with an M on one side and 0552 on the other side.
Id. Officer Rapier contacted the pharmacy, who
confirmed the tablets given to Mr. Lamb in the prescription
bottle should have been marked with an M and 0552.
Id. Mr. Lamb did not provide an explanation as to
why the pills in the bottle were unmarked. Id. The
Report charges Mr. Lamb with a violation of his conditions
which require him to “comply strictly with the orders
of any physician or other prescribing source with respect to
the use of al prescription medications, ” a Grade C
his initial appearance before Magistrate Judge Candace J.
Smith on October 4, 2018, Mr. Lamb entered a knowing,
voluntary, and intelligent waiver of his right to a
preliminary hearing. [R. 424.] Mr. Lamb requested release due
to his medical condition, which the United States did not
oppose. [R. 428 at 2-3.] Judge Smith released Mr. Lamb on the
previously imposed terms and conditions of his supervision,
along with home incarceration and removal of his driving
privileges, except for previously scheduled medical
appointments. Id. at 3. On October 30, 2018,
Magistrate Judge Ingram held a final revocation hearing where
Mr. Lamb competently entered a knowing, voluntary, and
intelligent stipulation to Violation #1. [R. 427.]
Subsequently, Judge Ingram prepared a Recommended
Disposition. [R. 428.]
Mr. Lamb's criminal history category of I and a Grade C
violation, Judge Ingram calculated his Guideline Range to be
three to nine months. Id. at 4. At the final
hearing, counsel for Mr. Lamb and the Government jointly
recommended revocation with three months of incarceration
plus a year of supervised release. Id. at 3. Judge
Ingram also noted that Mr. Lamb has been participating in
ongoing treatment for leukemia. Id. at 5.
consideration of the nature and circumstances of Mr.
Lamb's conviction, as well as his history and
characteristics, Judge Ingram determined revocation was
appropriate. Id. at 7. Ultimately, Judge Ingram
recommended a term of three months and a designation to serve
his sentence at a Federal Medical Center, followed by twelve
months of supervised release. 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 Ingram's Report and
Recommendation were filed within the appropriate time by
either party. Instead, Mr. Lamb has filed a waiver of
allocution. [R. 429.]
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 Smith's
recommended disposition. Accordingly, it is hereby
ORDERED as follows:
1. The Report and Recommendation [R. 428] as
to Defendant Garrett Lamb, Sr., is ADOPTED
as and for the Opinion of the Court;
2. Mr. Lamb is found GUILTY of Violation #1;
3. Mr. Lamb's Supervised Release is
4. Mr. Lamb is hereby sentenced to a term of incarceration of
three (3) months;
5. Mr. Lamb SHALL SELF-REPORT on or before 2:00 p.m.
on Friday, November 30, 2018, to the United States