United States District Court, E.D. Tennessee, Greeneville
Wayne Taylor Assistant U.S. Attorney
Lee Miller Defendant
Nicholas Wallace Attorney for Defendant
AGREED ORDER OF REVOCATION
Honorable R. Leon Jordan, United States District Judge
Petition for Revocation of Supervised Release has been filed
against the defendant, Ronnie Miller, and the defendant
admits that he has violated the conditions of his supervised
release as specified in violation numbers 1-4 in the
Petition. An agreement has been reached between the parties,
recommending that Mr. Miller's supervised release should
be revoked and that he should receive a sentence of 7 months
imprisonment followed by a lifetime of supervised release. It
is also recommended that Mr. Miller serve his term of
incarceration at FCI Elkton in Lisbon, Ohio.
Miller agrees to waive his right to a hearing pursuant to
Rule 32 of the Rules of Criminal Procedure, waive his right
to allocute at a revocation hearing, stipulates to the
violations that can be proven by the government by a
preponderance of the evidence, and asks that the agreement of
the defendant and the government pursuant to Rule 11 of the
Federal Rules of Criminal Procedure be found to be a proper
sentence, In doing so, the defendant acknowledges that he is
giving up the following rights:
(1) The right to the assistance of counsel for his defense.
(2) The right to see and hear all the witnesses and have them
cross-examined in his defense,
(3) The right on his own part not to testify unless he chose
to do so in his defense, and
(4) The right to the issuance of subpoenas to compel the
attendance of witnesses to testify on his behalf.
Court has considered the Chapter Seven policy statements in
the United States Sentencing Guidelines. The violations above
constitute Grade C violations for which an advisory guideline
range of 3 to 9 months would apply given his Criminal History
Category I. The Court i has considered these advisory
guideline ranges. The Court has also considered the statutory
maximum of 24 months imprisonment. The Court has also
considered the factors listed in 18 U.S.C. § 3553(a).
Court concludes that the recommended sentence is sufficient,
but not greater than necessary, to comply with the purposes
set forth in 18 U.S.C. § 3553(a). Specifically, the
Court finds that the defendant has admitted that the proof
could establish by a preponderance of the evidence that he
committed the violations alleged in the petition for warrant
for offender under supervision.
on the foregoing, the Court finds that the recommended
sentence is sufficient, but not greater than necessary to
accomplish the purposes set forth in 18 U.S.C. § 3553(a)
while taking into consideration all of those factors and the
Chapter Seven policy statements.
HEREBY ORDERED, therefore, that the defendant's
supervised release is hereby revoked. The defendant is hereby
sentenced to 7 months imprisonment followed by a lifetime of
supervised release. It is also recommended that Mr. ...