Opinion
CASE NO. 1:13-CR-7
01-05-2015
UNITED STATES OF AMERICA v. MATTHEW THOMAS CHERRY
ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA
The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for administration of a guilty plea under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Judge Giblin conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge [Clerk's Doc. #36]. The magistrate judge recommended that the Court accept the defendant's guilty plea and conditionally accept the plea agreement. He further recommended that the Court finally adjudge the defendant as guilty on Count Three of the First Superseding Indictment filed against the defendant in this cause.
The parties have not objected to the magistrate judge's findings. The Court ORDERS that the Findings of Fact and Recommendation on Guilty Plea [Clerk's Doc. #36] of the United States Magistrate Judge are ADOPTED. The Court defers acceptance of the plea agreement until after review of the presentence report.
It is further ORDERED that, in accordance with the defendant's guilty plea and the magistrate judge's findings and recommendation, the defendant, Matthew Thomas Cherry, is hereby adjudged as guilty on Count Three of the First Superseding Indictment charging violations of 18 U.S.C. § 2252(a)(4)(b) and (b)(2).
SIGNED this the 5 day of January, 2015.
/s/_________
Thad Heartfield
United States District Judge