United States v. Burshia

BRIAN MORRIS, CHIEF DISTRICT JUDGE UNITED STATE DISTRICT COURT

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

BRIAN MORRIS, CHIEF DISTRICT JUDGE UNITED STATE DISTRICT COURT

United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on May 31, 2023. (Doc. 57.)

When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Bad Old Man v. Arn, 474 U.S. 140, 15352 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

Judge Johnston conducted a revocation hearing on May 30, 2023. (Doc. 55) The United States accused Nicholas Burshia, (Burshia) of violating his conditions of supervised release 1) by failing to complete his sex offender treatment program; 2) by failing to comply with his substance abuse testing requirement; and 3) by failing to notify his probation officer of a change in residence. (Doc. 51.)

At the revocation hearing, Burshia admitted that he had violated the terms of his supervised release 1) by failing to complete his sex offender treatment program; 2) by failing to comply with his substance abuse testing requirement; and 3) by failing to notify his probation officer of a change in residence. (Doc. 55.) Judge Johnston found that the violations Burshia admitted proves serious and warrants revocation of his supervised release and recommends a custodial sentence until October 23, 2023, with 51 months supervised release to follow, with the first 180 days of supervised release at a residential re-entry center. (Doc. 57.) Burshia was advised of his right to appeal and his right to allocute before the undersigned. He waived those rights. (Doc. 55.) The Court finds no clear error in Judge Johnston's Findings and Recommendations.

Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 57) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Nicholas Daniel Burshia be sentenced to the Bureau of Prison for until October 23, 2023, with 51 months supervised release to follow, with the first 180 days of supervised release spent at a residential re-entry center.