Opinion
1:21-cr-075-01
04-22-2022
UNITED STATES OF AMERICA v. DEMONTES EARLS
Susan K. Lee Magistrate Judge
ORDER
TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE
Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One and Count Two of the six-count Indictment; (2) accept Defendant's guilty plea as to Count One and Count Two; (3) adjudicate the Defendant guilty of Count One and Count Two; (4) defer a decision on whether to accept the revised plea agreement until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter (Doc. 32). Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 32) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea as to Count One and Count Two of the Indictment is GRANTED;
2. Defendant's plea of guilty to Count One and Count Two is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of Count One and Count Two;
4. A decision on whether to accept the revised 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 July 15, 2022 at 9:00 a.m. [EASTERN] before the undersigned.
SO ORDERED.