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Order Accepting Report and Recommendation — United States v. Antonio Charles (Document 29)

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An Order Accepting Report and Recommendation in United States v. Antonio Charles, Case No. 21-tp-80008-CR-CANNON, in the U.S. District Court for the Southern District of Florida, West Palm Beach Division, Document 29, entered on the docket February 17, 2022. The order concerns the Report and Recommendation of Magistrate Judge Bruce Reinhart (ECF No. 22) following a Revocation of Supervised Release Final Hearing on January 25, 2022, at which the defendant admitted Violation 2 but denied Violation 1; the Court states that the government's objection has merit but accepts the Report's conclusion, based in part on credibility findings, that the government did not prove Violation 1. It sets sentencing on Violation 2 alone for February 24, 2022, at 4:15 p.m.

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“Order Accepting Report and Recommendation — United States v. Antonio Charles (Document 29).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-9-21-tp-80008-dkt-29-s-d-fla-051f4616ca/, SHA-256 56c59d7a2681a5533992612a8e9bd1434a6682c3eb3f77994daa3af03e72e42d.

Full text

Case 9:21-tp-80008-AMC Document 29 Entered on FLSD Docket 02/17/2022 Page 1 of 2




                               UNITED STATE DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA
                                WEST PALM BEACH DIVISION

                               CASE NO. 21-tp-80008-CR-CANNON

  UNITED STATES OF AMERICA,

             Plaintiff,
   v.

  ANTONIO CHARLES,

             Defendant.
                                            /

                    ORDER ACCEPTING REPORT AND RECOMMENDATION

         THIS CAUSE comes before the Court upon the Report and Recommendation entered by

  Magistrate Judge Bruce Reinhart Following Revocation of Supervised Release Final Hearing

  [ECF No. 22]. On January 25, 2022, Magistrate Judge Reinhart held a Revocation of Supervised

  Release Final Hearing during which Defendant admitted Violation 2 as set forth in the Petition for

  Violation of Supervised Release [ECF No. 2] but denied Violation 1. Judge Reinhart conducted

  an evidentiary hearing as to Violation 1 and concluded that the government did not prove by a

  preponderance of the evidence that Defendant violated his supervision as alleged in Violation 1.

  The government has objected to the Report’s findings that it failed to prove the defendant’s identity

  by a preponderance of the evidence [ECF No. 23].

         Although the Court takes note of the Government’s objection and finds merit in the

  challenge, the Court will accept the Report’s conclusion, based in part on credibility findings, that

  the Government did not prove Violation 1. Therefore, it is ORDERED AND ADJUDGED as

  follows:

         1. The Report and Recommendation [ECF No. 22] is ACCEPTED.
Case 9:21-tp-80008-AMC Document 29 Entered on FLSD Docket 02/17/2022 Page 2 of 2

                                                             CASE NO. 21-80008-CR-CANNON


         2. Sentencing on Violation 2 alone is set for February 24, 2022 at 4:15 p.m.

  DONE AND ORDERED in Chambers at Fort Pierce, Florida this 17th day of February 2022.




                                                     ________________________________
                                                     AILEEN M. CANNON
                                                     UNITED STATES DISTRICT JUDGE


   cc:    counsel of record


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