Opinion
1:20-cr-00052
08-04-2021
UNITED STATES OF AMERICA v. BOBBY FAIRBANKS
CHRISTOPHER H. STEGER MAGISTRATE JUDGE
ORDER
TRAVIS R. McDONOUGHUNITED STATES DISTRICT JUDGE
U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 26) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Three of the five count Indictment; (2) accept Defendant's guilty plea to Counts One and Three of the five count Indictment; (3) adjudicate Defendant guilty of Count One-possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and Count Three-possession of a firearm in furtherance of a drug trafficking crime in violation of 21 U.S.C. § 924(c)(1)A)(i); and (4) order that Defendant remain in custody pending sentencing or further order of this Court.
After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 26) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea to Counts One and Three of the five count Indictment is GRANTED;
2. Defendant's plea of guilty to Counts One and Three of the five count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C);
4. Defendant is hereby ADJUDGED guilty of possession of a firearm in furtherance of a drug trafficking crime in violation of 21 U.S.C. § 924(c)(1)(A)(i); and
5. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place on December 10, 2021, at 9:00 a.m.
SO ORDERED.