Opinion
2:20 CR 153-PPS/APR
08-26-2021
UNITED STATES OF AMERICA, Plaintiff, v. BRYAN ALLEN OSBORNE, Defendant.
ORDER
PHILIP P. SIMON, JUDGE.
This matter is before me on the findings and recommendation of Magistrate Judge Andrew P. Rodovich relating to defendant Bryan Allen Osborne's agreement to enter a plea of guilty to Count 1 of the indictment pursuant to Rule 11 of the Federal Rules of Criminal Procedure. [DE 29, 32.] Following a hearing on the record on August 13, 2021 [DE 32], Judge Rodovich found that defendant understands the charge, his rights, and the maximum penalty; that defendant is competent to plead guilty; that there is a factual basis for defendant's plea; and that the defendant knowingly and voluntarily entered into his agreement to enter a plea of guilty to Count 1 of the indictment charging him with possession with intent to distribute a mixture or substance containing 500 grams or more of cocaine, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(a). Judge Rodovich recommends that the Court accept defendant's plea of guilty and proceed to impose sentence. The parties waived objection to Judge Rodovich's findings and recommendation.
ACCORDINGLY:
Having reviewed the Magistrate Judge's findings and recommendation concerning defendant Bryan Allen Osborne's plea of guilty, to which the parties waived objection, the Court hereby ADOPTS the findings and recommendation [DE 32] in their entirety.
Defendant Bryan Allen Osborne is adjudged GUILTY of Count 1 of the indictment.
The sentencing hearing is SET for January 11, 2022, at 1:00 p.m.