Opinion
1:22-cr-60
07-12-2023
UNITED STATES OF AMERICA v. MARCUS EDWARD MONDAY
CHRISTOPHER H. STEGER, MAGISTRATE JUDGE.
ORDER
TRAVIS R. MCDONOUGH, UNITED STATES DISTRICT JUDGE.
United States Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 24] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts Two and Three (lesser included offense) of the three count Indictment; (2) accept Defendant's guilty plea to Counts Two and Three (lesser included offense) of the three count Indictment; (3) adjudicate Defendant guilty of bank robbery in violation of 18 U.S.C. §2113(d); (4) adjudicate Defendant guilty of possession of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. §924(c)(1)(A)(i); and (5) order that Defendant remain in custody pending sentencing or further order of this Court.
After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation [Doc. 24] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea to Counts Two and Three (lesser included offense) of the three count Indictment is GRANTED;
2. Defendant's plea of guilty to Counts Two and Three (lesser included offense) of the three count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of bank robbery in violation of 18 U.S.C. §2113(d);
4. Defendant is hereby ADJUDGED guilty of possession of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. §924(c)(1)(A)(i); and
5. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place on October 13, 2023, at 9:00 a.m.
SO ORDERED.