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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs.


APRIL WALLACE,

Defendant.

CR-05-132-BLG-DWM

ORDER ADOPTING

FINDINGS AND

RECOMMENDATIONS OF
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

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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.

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