United Statesv.Riggs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT ASHLANDMay 24, 2017
CRIMINAL ACTION NO. 07-15-DLB-EBA-2 (E.D. Ky. May. 24, 2017)

CRIMINAL ACTION NO. 07-15-DLB-EBA-2

05-24-2017

UNITED STATES OF AMERICA PLAINTIFF v. JOHN J. RIGGS DEFENDANT


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.

Signed By:


David L
. Bunning


United States District Judge