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09-088 - USA v. Lowe


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09-088 - USA v. Lowe
April 27, 2017
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REPORT AND RECOMMENDATIONS as to Steven D. Lowe: 1. The District Court grant the Governments oral motion to dismiss Violation 1 as set forth in the March 7, 2017, Violation Report as amended by the April 17, 2017, Addendum to Supervised Release Violation Report; 2. Defendant STEVEN D. LOWE be found to have violated the terms of his supervised release as set forth in Violations 2 and 3 of the March 7, 2017, Supervised Release Violation Report; 3. Defendants supervised release be revoked; 4. Defendant be sentenced to the custody of the Attorney General for a 15-month term of imprisonment in both cases to run concurrently, for a total term of incarceration of 15 months with credit to be given for time served from his April 4 to April 18, 2017, detention, with a 5- year term of supervision to follow in Case No. 2:09-cr-88, and a 21-month term of supervision in Case No. 5:14-cr-93 to run concurrently, for a total term of supervised release of 5 years to follow on the same standard and special conditions previously imposed, plus the additional conditions that immediately upon release from incarceration Defendant shall participate in a 90-day inpatient treatment program as directed by the Probation Office and, upon completion of the inpatient treatment program, shall be housed in a halfway house for 120 days as directed by the Probation Office; 5. The District Court recommend that the Bureau of Prisons place Defendant at the federal correctional facility for which he qualifies that is closest to Lexington, Kentucky, for service of the sentence imposed; and 6. Defendant be ordered to self surrender by reporting to the U.S. Marshals Office located at the United States Courthouse, 101 Barr Street, Lexington, KY 40507, before 2:00 p.m. on May 2, 2017. 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 04/27/2017. (KRB)cc: COR,USM,USP
May 1, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Steven D. Lowe: (1) The Magistrate Judges Report and Recommendations 34 in 5:14-cr- 93 and 56in 2:09-cr-88) are 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) Defendants supervised release is hereby REVOKED; (4) Defendant is sentenced to the CUSTODY of the Attorney General for a fifteen (15) term of imprisonment in both cases to run concurrently, for a total term of 15 months with credit to be given for time served from his April 4 to April 18, 2017, detention, with a 5-year term of supervision to follow in case number 2:09-cr-88, and a 21-month term of supervision to follow in case number 5:14-cr-93, for a total term of supervised release of 5 years to follow on the same standard and special conditions previously imposed. In addition, Defendant is to be immediately placed in a 90-day inpatient treatment program as directed by the Probation Office, and upon completion of the inpatient treatment program, shall be placed in a halfway house for 120 days as directed by the Probation Office;(5) The Court recommends that the Bureau of Prisons place Defendant at the federal correctional facility located in Lexington, Kentucky, for service of the sentence imposed; (6) Defendant is ordered to self surrender by reporting to the U.S. Marshals Office located at the United States Courthouse, 101 Barr Street, Lexington, KY 40507 before 2:00p.m. on May 2, 2017; and (7) A Judgment shall be entered concurrently herewith. Signed by Judge David L. Bunning on 05/01/2017. (KRB)cc: COR,USM,USP