Opinion
CASE NO. 16-10045-CR-MARTINEZ/SNOW
09-19-2017
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge.
THE MATTER was referred to Magistrate Judge Lurana S. Snow, on August 9, 2017. A Report and Recommendation was filed on August 14, 2017, [ECF No. 153], recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Judge questioned the Defendant regarding his waiver of appeal in which the Defendant acknowledged on the record that he was waiving or giving up all rights to appeal any sentence imposed by the District Court in this case except under the limited circumstances contained within the appeal waiver provision from the Plea Agreement.
The parties were afforded the opportunity to file objections to the Report and Recommendation, however none were filed. The Court has reviewed the entire file and record and notes that no objections have been filed. After careful consideration, the Court affirms and adopts the Report and Recommendation. Accordingly, it is hereby:
ORDERED AND ADJUDGED that the Report and Recommendation [ECF No. 153] of United States Magistrate Judge Lurana S. Snow, is hereby AFFIRMED and ADOPTED in its entirety.
The Defendant is adjudged guilty to Counts 1 and 16 of the Indictment, which charges him with conspiracy to encourage aliens to enter the United States unlawfully and bringing an alien into the United States unlawfully for financial gain, in violation of Title 8 U.S.C. §§ 1324(a)(1)(A)(v)(I) and 1324(a)(2)(B)(ii).
DONE AND ORDERED in Chambers at Miami, Florida, this 19 day of September, 2017.
/s/_________
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE Copied:
Hon. Magistrate Judge Snow
All Counsel Of Record
U.S. Probation Office