Opinion
22-20296-CR-MARTINEZ/BECERRA
09-26-2022
UNITED STATES OF AMERICA Plaintiff, v. JOSHUA DAVID NICHOLAS, Defendant.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION ON CHANGE OF PLEA
JOSE E. MARTINEZUNITED STATES DISTRICT JUDGE
THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea Hearing before a Magistrate Judge.
THE MATTER was heard in front of Magistrate Judge Jacqueline Becerra on September 8, 2022 [DE: 27] at the request of the Defendant, the Defendant's Attorney, and the Assistant United States Attorney assigned to this case. A Report and Recommendation was filed on September 12, 2022, recommending that the Defendant's plea of guilty be accepted [DE: 29]. The Defendant and the Government were afforded the opportunity to file objections to the Report and Recommendation, however none were filed. The Court has conducted a de novo review of the entire file and after careful consideration, the Court affirms and adopts the Report and Recommendation. Accordingly, it is hereby:
ORDERED AND ADJUDGED that the Report and Recommendation [DE: 29] of United States Magistrate Judge Jacqueline Becerra, is hereby AFFIRMED and ADOPTED in its entirety.
The Defendant is adjudged guilty of Counts II of the Indictment. Count II charges Defendant with conspiracy to commit Securities Fraud, in violation of Title 18, U.S.C. § 371. The Defendant acknowledged that he understood the statutory penalties that apply in his case.
Sentencing has been set in this matter on Monday, November 28, 2022, at 10:30 a.m., before the Honorable District Judge Jose E. Martinez, at the Wilkie D. Ferguson, United States Courthouse, 400 N. Miami Avenue, Courtroom 10-1, Miami, Florida 33128.
DONE AND ORDERED in Chambers at Miami, Florida, this 26th day of September, 2022.