Opinion
CASE NO. 1:20-cr-20242-HUCK/BECERRA
05-12-2021
UNITED STATES OF AMERICA, v. JOSE MIGUEL FERNANDEZ, Defendant.
ORDER ADOPTING AND AFFIRMING R&R AND ADJUDICATING DEFENDANT GUILTY
THIS MATTER came before the Court upon Magistrate Judge Jacqueline Becerra's Report and Recommendation ("R&R") on Plea of Guilty [ECF No. 46], which was entered on April 19, 2021. In the R&R, Judge Becerra found that the Defendant Jose Miguel Fernandez freely and voluntarily entered a plea of guilty as to Counts I and II of the Indictment, which charges Defendant with conspiracy to possess with intent to distribute a controlled substance (Count I), in violation of Title 21 U.S.C. § 846, and attempt to possess with intent to distribute a controlled substance (Count II), in violation of Title 21 U.S.C. § 841(a)(1).
Magistrate Judge Becerra recommends that this Court accept Defendant's guilty plea, that Defendant be adjudicated guilty of Counts I and II, and that a sentencing hearing be conducted for final disposition of this matter. The Court has reviewed Judge Becerra's R&R, no objections have been filed, and the Court has been advised that no objections will be filed. Therefore, based on a de novo review of the evidence presented, it is hereby
ORDERED AND ADJUDGED that (1) Magistrate Judge Becerra's R&R on Change of Plea is ADOPTED and AFFIRMED in its entirety; (2) the Court accepts Defendant's plea of guilty, and Defendant is hereby adjudged guilty as to Counts I and II of the Indictment; (3) a sentencing hearing before the Honorable Paul C. Huck is set for Wednesday, July 21, 2021 at 2:00 PM; and (4) the jury trial previously set for May 24, 2021 and the calendar call previously set for May 19, 2021 [ECF No. 31] are now cancelled as they relate to Defendant Jose Miguel Fernandez.
DONE AND ORDERED in Miami, Florida on May 12, 2021.
/s/_________
PAUL C. HUCK
UNITED STATES DISTRICT JUDGE Copies provided to:
Magistrate Judge Jacqueline Becerra
Counsel of record