U.S. v. Delgadillo

Full title: UNITED STATES OF AMERICA v. ANICETO DELGADILLO

Court: United States District Court, E.D. Tennessee, at Chattanooga

Date published: Jan 9, 2008

Case No. 1:07-cr-83-001 (E.D. Tenn. Jan. 9, 2008)

Opinion

Case No. 1:07-cr-83-001.

January 9, 2008

ORDER

R. EDGAR, Chief Judge

Magistrate Judge Susan K. Lee filed a report and recommendation that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One; (2) accept Defendant's plea of guilty to Count One of the Superseding Indictment; (3) adjudicate Defendant guilty of the charges set forth in Count One of the Superseding Indictment; (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. No. 91]. Neither party filed a timely objection to the report and recommendation.

After reviewing the record, the Court agrees with the report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the report and recommendation [Doc. No. 91] 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 One is GRANTED;

(2) Defendant's plea of guilty to Count One of the Superseding Indictment is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Count One of the Superseding Indictment;

(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 March 20, 2008 at 2:00 p.m. [EASTERN].

SO ORDERED.