CRIMINAL ACTION NO. 07-15-DLB-EBA-2
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins, wherein he recommends that the Court revoke Defendant John J. Riggs's supervised release and impose a sentence of twenty-four (24) months incarceration, with no supervised release to follow. (Doc. # 284). At the final revocation hearing conducted on April 12, 2017, Defendant stipulated to violating the terms of his supervised release, with respect to Violation 2 in the December 24, 2014 Violation Report. (Doc. # 283).
The Defendant has waived his right to allocution (Doc. # 282) and filed a Notice requesting that the Court recommend any drug rehabilitation programs he is eligible for and that the Defendant be placed in either Lexington or Ashland, Kentucky. (Doc. # 285). The time for filing Objections to the R&R having expired, the R&R is now ripe for the Court's review. The R&R being sound in all respects, including the recommended sentence and the basis for said recommendation, and the Court being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation (Doc. # 284) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
(2) Defendant is found to have VIOLATED the terms of his supervised release;
(3) Defendant's supervised release is hereby REVOKED;
(4) Defendant is hereby SENTENCED to the custody of the Attorney General for a term of twenty-four (24) months, with no supervised release to follow;
(5) Defendant's confinement shall be served, if feasible, at the Bureau of Prisons approved facility closest to Ashland, Kentucky or Lexington, Kentucky; and
(6) A separate Judgment shall be entered contemporaneously forthwith.
This 24th day of May, 2017.
David L . Bunning
United States District Judge