Opinion
CASE NO. 1:11-CR-115
12-21-2011
UNITED STATES OF AMERICA v. JOSE MARLON GALLEGOS
MEMORANDUM ORDER
ADOPTING FINDINGS OF FACT AND RECOMMENDATION
ON DEFENDANT'S GUILTY PLEA
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Hawthorn conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge. The magistrate judge recommended that the Court accept the Defendant's guilty plea, but defer acceptance of the plea agreement until the Court has had an opportunity to review the presentence report. He further recommended that the Court adjudge the Defendant guilty on Counts One and Three of the charging Indictment filed against the Defendant.
The parties have not objected to the magistrate judge's findings. The Court ORDERS that the Findings of Fact and Recommendation on Guilty Plea of the United States Magistrate Judge are ADOPTED. The Court accepts the Defendant's plea, but defers acceptance of the plea agreement until the Court has reviewed the presentence report.
It is further ORDERED that, in accordance with the Defendant's guilty plea and the magistrate judge's findings and recommendation, the Defendant, Jose Marlon Gallegos, is adjudged guilty as to Counts One and Three of the Indictment charging a violation of Title 21, United States Code, Section 841(a)(1) and Title 18 United States Code, Section 922(g)(5).
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Ron Clark, United States District Judge