Opinion
1:21-cr-013-07
05-09-2022
UNITED STATES OF AMERICA v. MICHAEL BRINKLEY
Susan K. Lee, Magistrate Judge.
ORDER
TRAVIS R. MCDONOUGH, 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 One of the seven-count Superseding Indictment; (2) accept Defendant's guilty plea as to Count One; (3) adjudicate the Defendant guilty of Count One; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter (Doc. 214). 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. 214) 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 One of the Superseding Indictment is GRANTED;
2. Defendant's plea of guilty to Count One is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of Count One;
4. A decision on whether to accept the 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 August 12, 2022 at 2:00 p.m. [EASTERN] before the undersigned.
SO ORDERED.