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 August 12, 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. 57). A warrant

issued and Johnson was arrested. On August 30, 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 September 6, 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 September 10, 2024, which provides that having carefully

considered all of the arguments and evidence presented by the Government and

Case 6:20-cr-00075-ADA Document 71 Filed 10/15/24 Page 1 of 3
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 NINE (9) months, with a term of SIXTY (60)

months of supervised release to follow the term of imprisonment. All original conditions

of release shall remain in place. (Clerk's Document No. 69). 

 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

of a failure to file objections.

On September 6, 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. 

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

and adopts the report and recommendation filed in this cause.

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IT IS THEREFORE ORDERED that the Report and Recommendation of the

United States Magistrate Judge filed in this cause (Clerk's Document No. 69 ) 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 NINE (9) months with a term of supervised release of SIXTY (60) months to

follow the term of imprisonment. All prior conditions of supervised release are reimposed.

 Signed this 15th day of October, 2024.

______________________________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

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