Opinion
1:22-cr-113
07-24-2023
Steger Magistrate Judge
ORDER
CHARLES E. ATCHLEY, JR. UNITED STATES DISTRICT JUDGE
U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 40] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count Two of the four count Indictment; (2) accept Defendant's guilty plea to Count Two of the four count Indictment; (3) adjudicate Defendant guilty of possession with intent to distribute fentanyl in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); and (4) 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. 40] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea to Count Two of the four count Indictment is GRANTED;
2. Defendant's plea of guilty to Count Two of the four count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of possession with intent to distribute fentanyl in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); and
4. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place on October 26, 2023, at 10:00 a.m.
SO ORDERED.