Opinion
5:23-CR-8
06-29-2023
UNITED STATES OF AMERICA v. JACOBY BLOCK
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE.
The above-styled matter was referred to the Honorable J. Boone Baxter, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Baxter conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued a Report and Recommendation (Document No. 32). Judge Baxter recommended that the Court accept Defendant's guilty plea and conditionally approve the plea agreement. He further recommended that the Court finally adjudge Defendant as guilty of Count 1 of the Indictment. Count 1 of the Indictment charges a violation of 18 U.S.C. § 922 (g)(1) 924 (a)(2), possession of a firearm by a prohibited person. The Court is of the opinion that the Report and Recommendation should be accepted. It is accordingly ORDERED that the Report and Recommendation of the United States Magistrate Judge (Document No. 32) is ADOPTED. It is further
Judge Baxter noted that the reference to 18 U.S.C. § 924 (a)(2) cited in the Indictment, Plea Agreement and Factual Basis was a typographical error. The error was acknowledged, and the citation was corrected on the record to 18 U.S.C. § 924 (a)(8). The Defendant, his counsel, and counsel for the Government approved the modification.
ORDERED that the Defendant's guilty plea is accepted and approved by the Court. Further, the plea agreement is approved by the Court, conditioned upon a review of the presentence report. It is finally ORDERED that, pursuant to the Defendant's plea agreement, the Court finds the Defendant GUILTY of Count 1 of the Indictment in the above-numbered cause and enters a JUDGMENT OF GUILTY against the Defendant as to Count 1 of the Indictment.
So ORDERED and SIGNED.