Opinion
Case No. 1:09-CR-54.
July 8, 2009
ORDER
Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count Five of the five-count Indictment (2) accept Defendant's plea of guilty to the charge in Count Five that is of possession of a firearm in furtherance of a drug trafficking crimes charged in Counts Two, Three, and Four in violation of 18 U.S.C. § 924(c); (3) adjudicate Defendant guilty of the charge in Count Five, that is of possession of a firearm in furtherance of a drug trafficking crimes charged in Counts Two, Three, and Four in violation of 18 U.S.C. § 924(c); (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find Defendant shall remain in custody until sentencing in this matter [Doc. 15]. Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with the magistrate judge's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation [Doc. 15] 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 Five of the Indictment is GRANTED;
(2) Defendant's plea of guilty to the charge in Count Five, that is of possession of a firearm in furtherance of a drug trafficking crimes charged in Counts Two, Three, and Four in violation of 18 U.S.C. § 924(c) is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charge in Count Five, that is of possession of a firearm in furtherance of a drug trafficking crimes charged in Counts Two, Three, and Four in violation of 18 U.S.C. § 924(c);
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Thursday, September 24, 2009 at 9:00 a.m. before the Honorable Curtis L. Collier.