IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
UNITED STATES OF AMERICA,
U.S. MAGISTRATE JUDGE
On June 21, 2013, United States Magistrate Judge Carolyn S. Ostby entered
Findings and Recommendation with respect to the May 23, 2013 petition for
revocation of Wallace’s supervised release. Docs. 45 & 36. Although the parties
were notified of their right to file objections to the Findings and
Recommendations within 14 days, neither party filed objections. Failure to object
waives the right to review. Fed.R.Crim.P. 59(b)(2). But consistent with this
Court’s “full authority” to review the Findings and Recommendations under any
standard it deems appropriate, Thomas v. Arn, 474 U.S. 140, 154 (1985) this Court
reviews for clear error. Clear error exists if the Court is left with a “definite and
firm conviction that a mistake has been committed.” United States v. Syrax, 235
F.3d 422, 427 (9th Cir. 2000).
Based on Wallace’s admissions to violating Standard Condition Number 9
on one occasion and Standard Condition Number 3 on two occasions, Judge Ostby
recommends supervised release be revoked. Judge Ostby further recommends this
Court enter the proposed Judgment attached to her Findings and
Recommendations (doc. 45-1) and sentence Wallace to 7 months incarceration,
followed by 25 months supervised release.
I find no clear error in Judge Ostby’s Findings and Recommendation (doc.
45) and I adopt them in full.
Accordingly, IT IS ORDERED that Wallace’s supervised release is
revoked. Judgment will be entered by separate document.
Dated this 11 day of July, 2013.