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03-162 - USA v. Garcia-Evans


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03-162 - USA v. Garcia-Evans
April 18, 2017
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DECISION AND ENTRY FINDING DEFENDANT IN VIOLATION OF PROBATION, REVOKING SAME AND IMPOSING SENTENCE, WITH A PERIOD OF SUPERVISED RELEASE TO FOLLOW UPON STATED CONDITIONS; RIGHT OF APPEAL EXPLAINED AND UNDERSTOOD; TERMINATION ENTRY - On April 11, 2017, the Defendant, having previously been found in violation of his Probation which began December 21, 2004, appeared in open Court for final disposition. Pursuant to the record made on the aforesaid April 11, 2017, the Defendant's Probation was revoked and he was remanded to the custody of the Attorney General of the United States, the Bureau of Prisons, for a period of six months, with credit for all allowable pre-sentence jail time served from March 2, 2017. The aforesaid six month sentence is to be followed by a four year period of supervised release, upon the conditions that he discharge any and all undischarged conditions of Probation imposed on December 21, 2014. As to whether the Defendant spends the remainder of his six month sentence in a County Jail facility or in a Bureau of Prisons facility, this Court relies upon the discretion of the Bureau of Prisons. Should the Bureau determine to place Defendant in a BOP institution, it is the Court's request that he be incarcerated as close to his home in the New York, New York, area as is possible consistent with his security status. The Court requests that Defendant's supervised release, both supervision and jurisdiction, be transferred from the Southern District of Ohio, to the Southern District of New York. Following the above, the Defendant's right of appeal was explained and he indicated an understanding of same. Neither counsel for the Defendant nor for the Government voiced any procedural or substantive objections to this Court's sentence. The captioned cause is ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 4/18/2017. (srb)