Opinion
22-80078-CR-CANN
09-02-2022
UNITED STATES OF AMERICA, Plaintiff, v. JUSTIN JORDAN GARTH, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court upon the Report and Recommendation entered by Magistrate Judge Bruce E. Reinhart Following Change of Plea Hearing [ECF No. 28]. On August 11, 2022, Magistrate Judge Reinhart held a Change of Plea hearing [ECF No. 24] during which Defendant pled guilty to Counts 1, 2 and 3 of the Information [ECF No. 16] pursuant to a written plea agreement and factual proffer statement [ECF No. 26]. Magistrate Judge Reinhart thereafter issued a Report recommending that the Court accept Defendant's guilty plea to Counts 1, 2, and 3 of the Information, that the Court find Defendant to have freely and voluntarily entered his guilty plea, and that the Court adjudicate him guilty of Counts 1, 2, and 3 [ECF No. 16]. No party has filed objections to the Report, and the time to do so has expired.
The Court has conducted a review of the record and finds no error in the Report. Therefore, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 28] is AFFIRMED AND ADOPTED.
2. The guilty plea entered into by Defendant Justin Jordan Garth as to Counts 1, 2, and 3 of the Information are ACCEPTED.
3. Defendant Justin Jordan Garth is adjudicated guilty of Counts 1, 2 and 3 of the Information as follows. Count 1 charges him with knowingly and intentionally possessing with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) (Count 1). Count 2 charges him with knowingly possessing a firearm in furtherance of a drug trafficking crime as charged in Count 1, in violation of 18 U.S.C. § 924(c)(1)(A) (Count 2). And Count 3 charges him with knowingly possessing a firearm and ammunition in and affecting interstate and foreign commerce, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (Count 3) [ECF No. 16].
DONE AND ORDERED.