Opinion
Case No. 1:12-cr-73
10-29-2012
UNITED STATES OF AMERICA v. LEE ROY FAIRBANKS
MATTICE / LEE
ORDER
Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts Two and Five of the six-count Indictment; (2) accept Defendant's plea of guilty to Counts Two and Five of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts Two and Five of the Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find Defendant shall remain in custody until sentencing in this matter [Doc. 19]. Neither party filed a timely objection to the report and recommendation. 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 [Doc. 19] 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 Two and Five of the Indictment is GRANTED;
(2) Defendant's plea of guilty to Counts Two and Five of the Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Counts Two and Five of the Indictment;
(4) A decision on whether to accept the 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 Monday, January 14, 2013 at 9:00 a.m. [EASTERN] before the Honorable Harry S. Mattice Jr.
SO ORDERED.
ENTER:
____________________
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE