USA v. Potts et al

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
UNITED STATES OF AMERICA
v.
DE’NARD OLIVER WHITFIELD, JR. (2)
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CRIMINAL ACTION NO. 4:18-CR-00166-
ALM-AGD
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the above-referenced criminal action, the Court having
heretofore referred the request for the revocation of Defendant’s supervised release to the United
States Magistrate Judge for proper consideration. The Court has received the Report and
Recommendation of the United States Magistrate Judge pursuant to its order. With Defendant
having waived allocution before the Court as well as his right to object to the report of the
Magistrate Judge, the Court is of the opinion that the findings and conclusions of the Magistrate
Judge are correct.
It is therefore ORDERED that the Report and Recommendation of United States
Magistrate Judge is ADOPTED as the opinion of the Court.
It is further ORDERED that Defendant’s supervised release is hereby REVOKED.
It is further ORDERED that Defendant be committed to the custody of the Bureau
of Prisons to be imprisoned for an additional term of eighteen (18) months as to Counts 1 and 2, to
be served concurrently to each other and to be served consecutively to any term imposed in the
state case, Docket No. 079196 in the Grayson County 59th Judicial District, with a thirty (30)
month term of supervised release on each count to be served concurrently to follow. All prior
conditions imposed in the original judgment are reimposed here.
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2
It is further ORDERED that the Government’s motion to dismiss allegations 1, 2, and 5 of
the First Amended Petition is GRANTED.
The Court also recommends that Defendant be housed in a Bureau of Prisons facility in
Seagoville, Texas or Fort Worth, Texas, if appropriate.
IT IS SO ORDERED.
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