Opinion
CASE NO. 6:14cr64
12-02-2015
UNITED STATES OF AMERICA v. AARON DEL SMITH
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
By order, the undersigned referred this matter to the Honorable John D. Love, United States Magistrate Judge, at Tyler, Texas, for administration of a guilty plea under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Judge Love conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and the Honorable John D. Love issued his Report and Recommendation of the United States Magistrate Judge [Clerk's doc. #114]. The Magistrate Judge recommended that the Court accept Defendant's guilty plea and conditionally approve his plea agreement. He further recommended that the undersigned finally adjudge Defendant as guilty on Count One of the Superseding Indictment against Defendant in this cause.
The parties have not objected to the magistrate judge's findings. The Court is of the opinion that the Report and Recommendation should be accepted. It is accordingly ORDERED that the Report and Recommendation [Clerk's doc. #114] of the United States Magistrate Judge is ADOPTED.
It is further ORDERED that the Defendant's guilty plea is accepted and approved by the Court. Further, the plea agreement is approved by the Court, conditioned upon a review of the presentence report. It is finally ORDERED that, pursuant to the Defendant's plea agreement, the Court finds the Defendant GUILTY of Count One of the Superseding Indictment in the above-numbered cause and enters a JUDGMENT OF GUILTY against the Defendant as to Count One of the Superseding Indictment. SIGNED this 2nd day of December, 2015.
/s/_________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE