UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

WACO DIVISION

UNITED STATES OF AMERICA

vs.

(1) JACKIE DALE JOHNSON

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NO: WA:20-CR-00075(1)-ADA

ORDER ACCEPTING REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE

Before the court is the above styled and numbered cause. On February 13, 2024

the United States Probation Office filed a Petition For Warrant or Summons For

Offender Under Supervision for Defendant (1) JACKIE DALE JOHNSON, which

alleged that Johnson violated a condition of his supervised release and recommended

that Johnson 's supervised release be revoked (Clerk's Document No. 41). A warrant

issued and Johnson was arrested. On May 1, 2024, Johnson appeared before a United

States Magistrate Judge, was ordered detained, and a revocation of supervised release

hearing was set..

Johnson appeared before the magistrate judge on May 7, 2024, waived his right to

a preliminary hearing and to be present before the United States District Judge at the time

of modification of sentence, and consented to allocution before the magistrate judge. 

Following the hearing, the magistrate judge signed his report and recommendation on

May 17, 2024, which provides that having carefully considered all of the arguments and

Case 6:20-cr-00075-ADA Document 56 Filed 05/29/24 Page 1 of 4
evidence presented by the Government and Defendant, based on the original offense and

the intervening conduct of Johnson, the magistrate judge recommends that this court

revoke Johnson supervised release and that Johnson be sentenced to imprisonment for

NINETY (90) days, with a term of SIXTY (60) months of supervised release to follow

the term of imprisonment (Clerk's Document No. 55). The defendant should receive

twenty-five days of credit for time served. As a special condition, immediately upon

release from the 90-day sentence, the defendant shall successfully participate in and

complete the in-patient mental health treatment program at the Central Texas Veterans

Affairs, and that the defendant shall continue to take any prescriptions as directed. Upon

completion of the in-patient program, the defendant shall complete the SMILE (Seriously

Mentally Ill Life Empowerment) Program. 

 A party may serve and file specific, written objections to the proposed findings

and recommendations of a magistrate judge within fourteen days after being served 

with a copy of the report and recommendation, and thereby secure a de novo review by

the district court. See 28 U.S.C.§ 636(b); Fed. R. Civ. P. 72(b). A party's failure to

timely file written objections to the proposed findings, conclusions, and recommendation

in a report and recommendation bars that party, except upon grounds of plain error, from

attacking on appeal the unobjected-to proposed factual findings and legal conclusions

accepted by the district court. Douglass v. United Services Auto Ass 'n, 79 F.3d1415 (5th

Cir. 1996) (en bane). The parties in this cause were properly notified of the consequences

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of a failure to file objections.

On May 7, 2024, following the hearing on the motion to revoke supervised

release, all parties signed a Waiver Of Fourteen Day Rule For Filing Objections To

Report and Recommendation OfUnited States Magistrate Judge (Clerk's Document No. 

54). The court, having reviewed the entire record and finding no plain error, accepts

and adopts the report and recommendation filed in this cause.

IT IS THEREFORE ORDERED that the Report and Recommendation of the

United States Magistrate Judge filed in this cause (Clerk's Document No. 55 ) is

hereby ACCEPTED AND ADOPTED by this court.

IT IS FURTHER ORDERED that Defendant (1) JACKIE DALE JOHNSON 's

term of supervised release is hereby REVOKED. 

IT IS FURTHER ORDERED that Defendant (1) JACKIE DALE JOHNSON be imprisoned

for NINETY (90) days with a term of supervised release of SIXTY (60) months to follow the

term of imprisonment. All prior conditions of supervised release are reimposed. The defendant

shall receive twenty-five days of credit for time served. As a special condition, immediately upon

release from the 90-day sentence, the defendant shall successfully participate in and complete the

in-patient mental health treatment program at the Central Texas Veterans Affairs, and that the

Case 6:20-cr-00075-ADA Document 56 Filed 05/29/24 Page 3 of 4
defendant shall continue to take any prescriptions as directed. Upon completion of the in-patient

program, the defendant shall complete the SMILE (Seriously Mentally Ill Life Empowerment)

Program.

Signed this 29th day of May, 2024.

______________________________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

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