Opinion
1:22-cr-00355
08-17-2022
UNITED STATES OF AMERICA, Plaintiff, v. ALEJANDRO MUNOZ-BARRAGAN, Defendant.
ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE
DAVID A. RUIZ, UNITED STATES DISTRICT JUDGE.
This case is before the Court on a Report and Recommendation (R&R) filed by United States Magistrate Judge Carmen E. Henderson regarding the change of plea hearing of Defendant Alejandro Munoz-Barragan which was referred to the Magistrate Judge with the consent of the parties.
On June 29, 2022, the Government filed a three count Information, charging Defendant Alejandro Munoz-Barragan in three counts, with Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances; Possession with Intent to Distribute Cocaine; and Interstate Travel in Aid of Racketeering, in violation of Title 21 U.S.C. §§ 846, 841(a)(1); Title 21 U.S.C. §§ 841(a)(1) and (b)(1)(A); and Title 18 U.S.C. § 1952(a)(3). Defendant Alejandro Munoz-Barragan was arraigned on July 28, 2022, before Magistrate Judge Carmen E. Henderson, and entered a plea of guilty to Counts 1, 2, and 3 of the Information. On July 28, 2022, Magistrate Judge Henderson issued the R&R, concerning whether the plea should be accepted and finding of guilty entered.
Neither party submitted objections to the Magistrate Judge's R&R in the fourteen days after it was issued.
On de novo review of the record, the Magistrate Judge's R&R is adopted. Defendant Alejandro Munoz-Barragan is found to be competent to enter a plea and to understand his constitutional rights. He is aware of the charges and of the consequences of entering a plea. There is an adequate factual basis for the plea. The Court finds the plea was entered knowingly, intelligently, and voluntarily. The plea agreement is approved.
Therefore, Defendant Alejandro Munoz-Barragan is adjudged guilty of Count 1, 2 and 3 of the Information, Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances; Possession with Intent to Distribute Cocaine; and Interstate Travel in Aid of Racketeering, in violation of Title 21 U.S.C. §§ 846, 841(a)(1); Title 21 U.S.C. §§ 841(a)(1) and (b)(1)(A); and Title 18 U.S.C. § 1952(a)(3). This matter was referred to U.S. Pretrial Services and Probation Office for the completion of a pre-sentence investigation and report. Sentencing will take place on November 4, 2022, at 10:00 a.m. either via Zoom or in Courtroom 17B, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.
IT IS SO ORDERED.