Opinion
CASE NO. 1:11-CR-17
11-18-2011
UNITED STATES OF AMERICA v. KEVIN ALBERT
COLLIER/CARTER
ORDER
On November 1, 2011, Magistrate Judge William B. Mitchell Carter filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to the lesser included offense in Count One of the Indictment, conspiracy to distribute twenty eight grams or more of a mixture and substance containing cocaine base ("crack"), a Schedule II controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(B), in exchange for the undertakings made by the government in the written plea agreement; (b) the Court adjudicate Defendant guilty of the charges set forth in the lesser included offense in Count One of the Indictment; (c) that a decision on whether to accept the plea agreement be deferred until sentencing; and (d) Defendant shall remain in custody pending sentencing in this matter (Court File No. 182). Neither party filed an objection within the given fourteen days. 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 pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's plea of guilty to the lesser included offense in Count One of the Indictment, in exchange for the undertakings made by the government in the written plea agreement, is ACCEPTED;
(2) Defendant is hereby ADJUDGED guilty of the charges set forth in the lesser included offense in Count One of the Indictment;
(3) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(4) Defendant SHALL REMAIN IN CUSTODY pending sentencing on Thursday, March 8, 2012, at 9:00 am.
SO ORDERED.
ENTER:
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE