Opinion
Case No. 1:11-CR-19.
August 26, 2011
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 Two of the two-count Indictment; (2) accept Defendant's plea of guilty to Count Two; (3) adjudicate Defendant guilty of the charges in Count Two of the Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) allow Defendant to remain on bond under appropriate conditions of release pending sentencing in this matter (Court File No. 23). 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 (Court File No. 23) 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 Two the Indictment is GRANTED;
(2) Defendant's plea of guilty to the charges in Count Two is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges in Count Two;
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN on bond under appropriate conditions of release pending sentencing in this matter, which is scheduled to take place on Thursday, November 3, 2011 at 9:00 a.m. before the Honorable Curtis L. Collier.