Opinion
5:23CR23
11-06-2024
UNITED STATES OF AMERICA v. ALAN HEATH
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE.
The above-styled matter was referred to the Honorable J. Boone Baxter, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Baxter conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued a Report and Recommendation (Docket No. 45). Judge Baxter recommended that the Court accept Defendant's guilty plea and conditionally approve the amended plea agreement. He further recommended that the Court finally adjudge Defendant as guilty of Count Six of the Indictment. Count Six of the Indictment charges a violation of 21 U.S.C. 841 (a)(1), possession with intent to distribute a mixture containing Fentanyl. The Court is of the opinion that the Report and Recommendation should be accepted. It is accordingly ORDERED that the Report and Recommendation of the United States Magistrate Judge (Docket No. 45) is ADOPTED. It is further
ORDERED that the Defendant's guilty plea is accepted and approved by the Court. Further, the amended plea agreement is approved by the Court, conditioned upon a review of the presentence report. It is finally
ORDERED that, pursuant to the Defendant's amended plea agreement, the Court finds the Defendant GUILTY of Count Six of the Indictment in the above-numbered cause and enters a JUDGMENT OF GUILTY against the Defendant as to Count Six of the Indictment.
So ORDERED and SIGNED.