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11-014 - USA v. Weiner


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11-014 - USA v. Weiner
April 23, 2018
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REPORT AND RECOMMENDATIONS as to Howard Weiner: 1. Defendant HOWARD WEINER be found to have VIOLATED his supervised release as set out in Violations 1, 2, 3, and 4 of the December 29, 2015 Violation Report 34 and Violation 5 of the April 6, 2018 Second Addendum to Supervised Release Violation Report 38; 2. Defendants supervised release be REVOKED 3. Defendant be SENTENCED to the custody of the Attorney General for a term of 12 months, credit to be given for time served since his detention on the violation charges, with no supervised release to follow; 4. Restitution having been previously imposed in this Courts original sentencing of Defendant 22, that Defendant be ordered to pay the remaining restitution and that the Court specify a payment plan under the Schedule of Payments section of the Judgment to be entered; and 5. Defendants sentence, if possible, be served at the federal facility for which he qualifies that is located nearest to Pensacola, Florida. The Clerk of Court shall forthwith submit this Report and Recommendation to the presiding District Court Judge for consideration, Defendant and the United States having waived the fourteen (14) day period for the filing of objections hereto.. Signed by Magistrate Judge Candace J. Smith on 04/23/2018. (KRB)cc: COR,USM,USP
April 24, 2018
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ORDER PARTIALLY ADOPTING REPORT AND RECOMMENDATIONS as to Howard Weiner: 1) The R&R 41 is adopted as the findings of fact and conclusions of law of the Court with the exception of paragraph (2) herein; 2) The portion of the R&R, recommending that the Court specify a payment plan under the Schedule of Payments section of the Judgment is rejected, as there is no term of supervised release to follow the sentence of imprisonment; 3) Defendant Howard Weiner is found to have violated the terms of his supervised release as set out in the 12/29/2015 Violation Report, and the 4/6/2018 Second Addendum; 4) The Defendants supervised release is hereby revoked; 5) The Defendant is sentenced to the custody of the Atty General for 12 months, credit to be given for time served since his detention on the violation charges, with no term of supervised release to follow; 6) The Defendant is ordered to pay the remaining restitution balance of $111,910.04; 7) The Defendants confinement shall be served, if feasible, at the BOP approved facility closest to Pensacola, Florida; and8) A Judgment shall be entered. Signed by Judge David L. Bunning on 4/24/2018. (TJZ)cc: COR,USM,USP