Opinion
2:23-CR-00046-2-JRG-CRW
11-09-2023
UNITED STATES OF AMERICA v. KIMBERLY TUNNELL
ORDER
J. RONNIE GREER, UNITED STATES DISTRICT JUDGE
This matter is before the Court on United States Magistrate Judge Cynthia R. Wyrick's Report and Recommendation [Doc. 64], in which Judge Wyrick recommends that the Court accept Defendant's guilty plea to the charges in Counts One and Two of the Indictment [Doc. 3] and adjudge Defendant guilty of those charges. Neither party has timely objected to the report and recommendation. See 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b).
Having reviewed the record, the Court agrees with Judge Wyrick's recommendation. The Court therefore ACCEPTS IN WHOLE the report and recommendation under 28 U.S.C. § 636(b)(1) and Federal Rule of Criminal Procedure 59(b). For the reasons in the report and recommendation, which the Court adopts and incorporates into this Order, the Court ACCEPTS Defendant's guilty plea, and Defendant is hereby ADJUDGED guilty of the charges in Counts One and Two of the Indictment. The Court will defer a decision as to whether to accept or reject the Plea Agreement [Doc. 45] until after it has received a presentence investigation report from the United States Probation Office. Defendant SHALL remain in custody pending his sentencing hearing.
So Ordered.