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Case: 0:07-cr-00015-DLB-EBA Doc #: 267 Filed: 06/12/13 Page: 1 of 2 - Page ID#: 655

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY

NORTHERN DIVISION

AT ASHLAND

CRIMINAL ACTION NO. 07-15-DLB-EBA-2

UNITED STATES OF AMERICA

vs.

ORDER

PLAINTIFF

JOHN J. RIGGS

DEFENDANT

* * * * * * *

This matter is before the Court upon the Report and Recommendation (R&R) of the

United States Magistrate Judge (Doc. # 265) wherein he recommends that the Court

impose a sentence of time served, with three (3) years of supervised release to follow, and

that the Court deny Defendant’s Pro Se Motion for Concurrent Sentencing (Doc. # 253) as

moot. During the final revocation hearing conducted by Magistrate Judge Edward B.

Atkins on May 21, 2013, Defendant admitted to violating the terms of his supervised

release described in the Supervised Release Violation Report dated April 23, 2010 and the

Addendum to the Supervised Release Violation Report dated May 21, 2013.

Defendant having executed a waiver of his right to allocution (Doc. # 262), no

objections having been filed and the time to do so having now expired, the R&R is ripe for

the Court’s consideration. Having reviewed the R&R, and the Court concluding that the

R&R is sound in all respects, including the recommended sentence and the basis for said

recommendation, and the Court being otherwise sufficiently advised,

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Case: 0:07-cr-00015-DLB-EBA Doc #: 267 Filed: 06/12/13 Page: 2 of 2 - Page ID#: 656

IT IS ORDERED as follows:

(1)

The Magistrate Judge’s Report and Recommendation (Doc. # 265) is 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

as set forth in the April 23, 2010 Supervised Release Violation Report and the May 21,

2013 Addendum to the Supervised Release Violation Report;

(3)

The Court hereby imposes a sentence of TIME SERVED with THREE (3)

YEARS of supervised release to follow;

(4)

(5)

A Judgment shall be entered contemporaneously herewith; and

Defendant’s pro se motion for concurrent sentencing (Doc. # 253) be, and is

hereby DENIED AS MOOT.

This 12th day of June, 2013.

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