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`United States District Court
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`CRIMINAL ACTION NO. 4:11-CR-183-
`ALM
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`§§§§§
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`UNITED STATES OF AMERICA
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`v.
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`GAY GRIFFIN
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`
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`MEMORANDUM ADOPTING REPORT AND
`RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
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`Came on for consideration the above-referenced criminal action, the Court having
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`heretofore referred the request for the revocation of Defendant’s supervised release to the United
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`States Magistrate Judge for proper consideration. The Court has received the Report and
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`Recommendation of the United States Magistrate Judge pursuant to its order. Defendant having
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`waived allocution before the Court as well as his right to object to the report of the Magistrate
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`Judge, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are
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`correct.
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`It is therefore, ORDERED that the Report and Recommendation of United States
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`Magistrate Judge is ADOPTED as the opinion of the Court.
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`It is further ORDERED that Defendant’s supervised release is hereby REVOKED.
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`It is further ORDERED that Defendant be committed to the custody of the Bureau of
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`Prisons for a term of imprisonment of four (4) days, Defendant will execute the garnishment form
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`prior to release followed by five (5) months of home confinement, with a term of supervised release
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`of thirty-six (36) months to follow. The Defendant shall be placed on home detention for a period
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`of five (5) months, to commence immediately upon release from confinement. During this time,
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`the Defendant shall remain at her place of residence except for employment or other activities
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`Case 4:11-cr-00183-ALM-KPJ Document 48 Filed 11/30/16 Page 2 of 2 PageID #: 230
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`approved in advance by the U.S. Probation Officer. Defendant shall maintain a telephone at her
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`residence without "call forwarding," "a modem," "Caller I.D.," "call waiting," or portable cordless
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`telephones for the above period. At the direction of the probation officer, Defendant shall wear an
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`electronic monitoring device and follow electronic monitoring procedures specified by the
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`probation officer. Defendant is to pay the cost associated with her program of electronic
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`monitoring.
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`It is further ORDERED that the Defendant pay restitution in the amount of $456,448.44
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`to the victim listed in the “Restitution” section of the Presentence Report. Any amount that
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`remains unpaid when the Defendant’s supervision commences is to be paid on a monthly basis at
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`a rate of at least 10% of the Defendant’s gross income, to be changed during supervision, if need,
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`based on the Defendant’s changed circumstances, pursuant to 18 U.S.C. §3464(k). Additionally,
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`at least 50% of receipts received from gifts, tax returns, inheritances, bonuses, lawsuit awards, and
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`any other receipt of money (to include, but not limited to, gambling proceeds, lottery winnings,
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`and found money) must be paid toward the unpaid restitution balance within five (5) days of
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`receipt. Restitution is payable by cashier’s check or money order made out to the United States
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`District Court and forwarded to the Fine and Restitution Section, U.S. Courts, 1910 ESE Loop
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`323, #287, Tyler, Texas 75701. Interest is waived. The Court is imposing all of the previous
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`special conditions.
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`IT IS SO ORDERED.
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`2
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