Opinion
1:23-cr-64
01-29-2024
UNITED STATES OF AMERICA v. ERIC LEE BAGLEY
Lee, Magistrate Judge
ORDER
CHARLES E. ATCHLEY, JR., UNITED STATES DISTRICT JUDGE
Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count Three and Count Four of the four-count Indictment; (2) accept Defendant's guilty plea as to Count Three and Count Four; (3) adjudicate the Defendant guilty of Count Three and Count Four; (4) defer a decision on whether to accept the amended plea agreement [Doc. 28] until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter [Doc. 32]. Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation [Doc. 32] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea as to Count Three and Count Four of the Indictment is GRANTED;
2. Defendant's plea of guilty to Count Three and Count Four is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of Count Three and Count Four;
4. A decision on whether to accept the amended plea agreement is DEFERRED until sentencing; and
5. Defendant SHALL REMAIN in custody until sentencing in this matter, which is scheduled to take place on May 9, 2024, at 10:00 a.m. [EASTERN] before the undersigned.
SO ORDERED.