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.
24.] Defendant Stanley Dople has been charged with three
violations of his supervised release. Id. at 2-3.
December 15, 2015, Mr. Dople was sentenced by the Eastern
District of Tennessee to thirty months imprisonment for
failure to register as a sex offender. [R. 1-2 at 1-3.] He
began his five-year term of supervised release on January 27,
2017. [R. 24 at 1.] A month later, his supervision was
transferred to this Court. [R. 1.] Then, on November 7, 2017,
this Court revoked Mr. Dople's supervised release for use
and possession of marijuana, sentencing him to sixteen
additional months of incarceration followed by ten years of
supervised release. [R. 14; R. 15.] He was released again on
November 23, 2018. [R. 24 at 2.]
to the Supervised Release Violation Report (the Report)
issued by the USPO on July 16, 2019, Mr. Dople submitted a
urine screen which tested positive for methamphetamine.
Id. He denied use, and the sample was sent for
further testing, which confirmed a positive result.
Id. However, when USPO attempted to confront Mr.
Dople about this test, his phone was not accepting incoming
calls. Id. He has been charged with Violation #1,
violation of the condition prohibiting him from unlawful use
of a controlled substance, a Grade C violation. Additionally,
because in the Sixth Circuit use of a controlled substance
indicates possession of that substance, Violation #2 charges
Mr. Dople with failure to refrain from committing another
crime, specifically, violation of 21 U.S.C. § 844(a), a
Class E Felony. Id. This is a Grade B Violation.
Finally, because he denied use of any illicit substance after
the urine sample tested positive, Violation #3 charges that
Mr. Dople failed to truthfully answer questions asked by his
probation officer, a Grade C violation. Id. at 2-3.
his initial appearance before Magistrate Judge Hanly A.
Ingram on August 2, 2019, Mr. Dople knowingly, voluntarily,
and intelligently waived his right to a preliminary hearing.
[R. 20.] The United States moved for interim detention and
Mr. Dople argued for release. Id. However, because
he did not meet the heavy defense burden under 18 U.S.C.
§ 3143(a), Judge Ingram remanded him to custody.
Id. At his final revocation hearing on August 8,
2019, Mr. Dople contested all three violations. [R. 23.]
Judge Ingram heard testimony from Probation Officer Leah
Beasley. [R. 24 at 3-5.] Upon considering the evidence, Judge
Ingram found by a preponderance of the evidence that Mr.
Dople committed all charged violations. Id. at 5-12.
Neither party filed objections to this determination, and the
time to do so has now expired. Fed. R. Crim. Pro. 59(b).
Mr. Dople's criminal history category of IV and a Grade B
violation, Judge Ingram calculated his Guidelines
Range to be twelve to eighteen months. [R. 24 at 14.] The
Government requested an upward variance of twenty-two months
imprisonment, plus the condition of supervised release that
he participate in a drug treatment program. Id. at
12-13. Mr. Dople requested a sentence at the low end of the
Guidelines Range. Id. at 13. The Government pointed
to Mr. Dople's previous violation for similar conduct,
specifically lying to his Probation Officer. Id.
Counsel for Mr. Dople emphasized that Mr. Dople has a
substance abuse problem that has never properly been
addressed, and that inpatient treatment would be more
beneficial than incarceration. Id.
consideration of the nature and circumstances of Mr.
Dople's conviction, as well as his history and
characteristics, Judge Ingram found revocation to be
mandatory pursuant to 18 U.S.C. § 3583(g)(1).
Id. at 14. Judge Ingram noted the seriousness of Mr.
Dople's underlying offense but focused mostly on his
abuse of the Court's trust and his “callous
disregard for the law.” Id. at 15. His prior
violations, failure to attend counseling, escape, multiple
felony convictions, and use of drugs while on supervised
release all demonstrate this disregard. Id.
Furthermore, his sex offender status indicates a potential
for harm to the public. Id. Citing these concerns,
Judge Ingram recommended a sentence of eighteen months.
Id. at 16. He also recommended denying the request
for inpatient treatment as Mr. Dople has never admitted using
methamphetamine nor admitted that he has an addiction to
methamphetamine. Id. The Court agrees with this
recommendation, and echoes Judge Ingram's concern about
this breach of the Court's trust.
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 have been filed and the time to do so has now
expired. Instead, Mr. Dople has filed a waiver of allocution.
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:
1. The Report and Recommendation [R. 24] as
to Defendant Stanley Dople, is ADOPTED as
and for the Opinion of the Court;
2. Mr. Dople is found GUILTY of Violation
#1, Violation #2, and Violation #3;
3. Mr. Dople's Supervised Release is
4. Mr. Dople is hereby SENTENCED to a term
of incarceration of eighteen (18) months
followed by ten years of supervised release
of under the conditions previously ...