UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

WACO DIVISION

UNITED STATES OF AMERICA

vs.

(1) TROY ANTHONY MARION JR.

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NO: WA:20-CR-00061(1)-ADA

ORDER ACCEPTING REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE

Before the court is the above styled and numbered cause. On March 1, 2024 the

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

Under Supervision for Defendant (1) TROY ANTHONY MARION JR., which alleged

that Marion violated a condition of his supervised release and recommended that

Marion 's supervised release be revoked (Clerk's Document No. 43). A warrant issued

and Marion was arrested. On March 15, 2024, Marion appeared before a United States

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

was set.

Marion appeared before the magistrate judge on March 28, 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

March 28, 2024, which provides that having carefully considered all of the arguments

and evidence presented by the Government and Defendant, based on the original offense

Case 6:20-cr-00061-ADA Document 56 Filed 04/01/24 Page 1 of 3
and the intervening conduct of Marion, the magistrate judge recommends that this court

continue Marion supervised release and that he be remanded to the custody of the U.S.

Marshals as a special condition of that supervised release for a period of time served. The

Court should reimpose the original conditions of supervised release. The magistrate

judge recommends the additional following special conditions: That the defendant will

report within 24 Hours of the date of hte Adoption from Judge Albright. (Clerk's

Document No. 51). 

 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 March 28, 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. 

Case 6:20-cr-00061-ADA Document 56 Filed 04/01/24 Page 2 of 3
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. 51 ) is

hereby ACCEPTED AND ADOPTED by this court.

IT IS FURTHER ORDERED that Defendant (1) TROY ANTHONY

MARION JR.'s term of supervised release is hereby CONTINUED and that he shall be

remanded to the custody of the U.S. Marshals as a special condition of that supervised

release for a period of time served. In addition, defendant Marion shall comply with the

following special conditions: That the defendant will report within 24 Hours of the date

of the Adoption from Judge Albright.

IT IS FURTHER ORDERED that all prior conditions of supervised release are

reimposed.

 Signed this 1st day of April, 2024.

______________________________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

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