Opinion
1:22-cr-00041
03-29-2023
UNITED STATES OF AMERICA v. CURTIS BROOKS, JR.
Christopher H. Steger, Magistrate Judge.
ORDER
CHARLES E. ATCHLEY, JR. UNITED STATES DISTRICT JUDGE.
U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 154] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to a lesser included offense of Count One of the eight-count Superseding Indictment; (2) accept Defendant's guilty plea to a lesser included offense of Count One of the eight-count Superseding Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute a mixture and substance containing a detectable amount of fentanyl and methamphetamine (actual) in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846; and (4) order that Defendant remain in custody pending sentencing or further order of this Court.
After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation [Doc. 154] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea to a lesser included offense of Count One of the eight count Superseding Indictment is GRANTED;
2. Defendant's plea of guilty to a lesser included offense of Count One of the eight count Superseding Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of conspiracy to distribute a mixture and substance containing a detectable amount of fentanyl and methamphetamine (actual) in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846; and
4. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place on July 13, 2023, at 10:00 a.m.
SO ORDERED.