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United States v. McKay

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHEASTERN DIVISION


December 18, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CLINTON ANDY MCKAY, DEFENDANT.

ORDER ADOPTING REPORT AND RECOMMENDATION

On November 19, 2008, the supervising probation officer filed a petition alleging a violation of supervised release (doc. #139).*fn1 A hearing on the petition was held before the Honorable Alice R. Senechal, Magistrate Judge, on December 5, 2008 (doc. #157). At the hearing, McKay admitted to the violations charged in the petition, and the parties made a joint recommendation regarding sentencing.

Before the Court is a Report and Recommendation from the Magistrate Judge, recommending this Court find the Defendant violated conditions of his supervised release (doc. #159). Upon review of these items and the entire file, the Court finds the Magistrate Judge's Recommendations correct and hereby adopts the Report and Recommendation. The Court thus FINDS that a violation of supervised release has occurred as alleged in the petition.

Based upon the Magistrate Judge's Recommendations, IT IS ORDERED that the Defendant's supervised release is revoked and that the Defendant be incarcerated for a term of ten (10) months. The Court RECOMMENDS to the Bureau of Prisons that the Defendant be designated to Lake Region Law Enforcement Center. No additional supervised release is ordered after completion of this term. However, McKay's restitution and community service obligations are not modified.

IT IS SO ORDERED.


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