Opinion
Case No. 1:11-cr-35
08-01-2011
UNITED STATES OF AMERICA v. SANTOS GUARCHAJ
COLLIER / 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 Count Three of the four-count Indictment; (2) accept Defendant's plea of guilty to Count Three of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Count Three 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 (Court File No. 69). 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 (Court File No. 69) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to Count Three of the Indictment is GRANTED;
(2) Defendant's plea of guilty to Count Three of the Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Count Three 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 Thursday, November 3, 2011 at 2:00 p.m. before the Honorable Curtis L. Collier.
SO ORDERED.
ENTER:
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE