Opinion
21-14035-CR-MARTINEZ/MAYNARD
09-13-2022
UNITED STATES OF AMERICA Plaintiff, v. NICHOLAS AYALA, Defendant.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION ON CHANGE OF PLEA
JOSE E. MARTINEZ 7 UNITED gTATES DISTRICT JUDGE
THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea Hearing before a Magistrate Judge.
THE MATTER was heard in front of Magistrate Judge Shaniek M. Maynard on August 26, 2022 [DE: 147] at the request of the Defendant, the Defendant's Attorney, and the Assistant United States Attorney assigned to this case. A Report and Recommendation was filed on August 29, 2022, [DE: 156], recommending that the Defendant's plea of guilty be accepted. The Defendant and the Government were afforded the opportunity to file objections to the Report and Recommendation, however none were filed. The Court has conducted a de novo review of the entire file and after careful consideration, the Court affirms and adopts the Report and Recommendation. Accordingly, it is hereby:
ORDERED AND ADJUDGED that the Report and Recommendation [DE: 156] of United States Magistrate Judge Shaniek M. Maynard, is hereby AFFIRMED and ADOPTED in its entirety.
The Defendant is adjudged guilty of Count One, Two, Three and Four of the Superseding Indictment. Count One charges him with conspiracy, in violation of Title 18, United States Code, Section 371. Count Two charges the Defendant with dealing in firearms without a license, in violation of Title 18, United States Code, Section 922(a)(1)(A). Count Three charges the Defendant with smuggling firearms from the United States, in violation of Title 18, United States Code, Section 554. Count Four charges the Defendant with delivery of a firearm to a common carrier without written notification, in violation of Title 18, United States Code, Section 922(e). The Defendant acknowledged that he understood the statutoiy penalties that apply in his case.
Sentencing has been set in this matter on Monday, November 7, 2022 at 2:30 p.m., before the Honorable District Judge Jose E. Martinez, at the Alto Lee Adams, Sr. United States Courthouse, 101 South U.S. Highway 1, Ft. Pierce, Florida 34950.
DONE AND ORDERED