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04-011 - USA v. Huff et al


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04-011 - USA v. Huff et al
March 7, 2016
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REPORT AND RECOMMENDATIONS as to Michael A. Huff: 1. The District Court grant the Governments oral motion to dismiss Violation 2 as set forth in the November 12, 2015, Violation Report in case number 04-cr-11, and the February 16, 2016, Violation Report in case number 16-cr-5; 2. Defendant MICHAEL HUFF be found to have violated the terms of his supervised release as set forth in Violation 1 as amended and Violation 3 of the November 12, 2015, Violation Report in case number 04-cr-11 and the February 16, 2016, Violation Report in case number 16-cr-5; 3. Defendants supervised release be revoked; 4. Defendant be sentenced to the custody of the Attorney General for a 37-month term of imprisonment in case 04-cr-11 and a 24-month term of imprisonment in case number 16-cr-5 to run concurrently, for a total term of incarceration of 37 months, with no term of supervised release to follow; and 5. The District Court recommend that the Bureau of Prisons place Defendant at the federal correctional facility in Manchester, Kentucky, for service of the sentence imposed. The Clerk of Court shall forthwith submit the record in this matter to the presiding District Court Judge for consideration of the Report and Recommendation and entry of a final order and judgment, as Defendant has waived his right to allocute and both parties have waived the period for filing objections hereto.. Signed by Magistrate Judge Candace J. Smith on 03/07/2016. (KRB)cc: COR,USM,USP . Modified link on 4/6/2016 (TJZ).
April 11, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Michael A. Huff: (1) Magistrate Judge Smith's Report and Recommendation 169 is hereby ADOPTED as the findings of fact and conclusions of law of the Court. (2) The United States' oral Motion to Dismiss Violation 2 is hereby GRANTED (3) Defendant is found to have VIOLATED the terms of his supervised release, as set forth in Violation 1, as amended, and Violation 3 of the November 12, 2016 Violation Report; (4) Defendant's supervised release is hereby REVOKED ; (5) Defendant is SENTENCED to the custody of the Attorney General for a term of thirty-seven (37) months imprisonment in case 04-cr-11 and a term of twenty-four (24) months imprisonment in case number 16-cr-5 to run concurrently for a total term of incarceration of thirty-seven (37) months, with no term of supervised release to follow; (6) If feasible, the Bureau of Prisons shall place Defendant at the federal correctional facility in Manchester, Kentucky, for service of the sentence imposed; and (7) The Clerk shall file and docket this Order in both cases. Signed by Judge David L. Bunning on 04/11/2016. (KRB)cc: COR,USM,USP