Opinion
1:21-cr-113
04-10-2024
UNITED STATES OF AMERICA v. PATRICK CODY
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. 200] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count Three of the thirteen count Superseding Indictment; (2) accept Defendant's guilty plea to Count Three of the thirteen count Superseding Indictment; (3) adjudicate Defendant guilty of Count Three: possession with intent to distribute five grams or more of methamphetamine (actual) in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B); 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. 200] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea to Count Three of the thirteen count Superseding Indictment is GRANTED;
2. Defendant's plea of guilty to Count Three of the thirteen count Superseding Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of Count Three: possession with intent to distribute five grams or more of methamphetamine (actual) in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B); 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 25, 2024, at 10:00 a.m.
SO ORDERED.