Opinion
CASE NO. 2:17-CR-3-1 -JRG-RSP
11-08-2017
UNITED STATES OF AMERICA v. TOBIAS ADVELTO PRUDENCIO
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND FINDING DEFENDANT GUILTY PURSUANT TO RULE 11 (c)(1)(C)
On this day, the Court considered the Findings of Fact and Recommendation of United States Magistrate Judge Roy S. Payne regarding defendant's plea of guilty under the provisions of Rule 11(c)(1)(C) to Count 2 with a violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, possession with intent to distribute methamphetamine, and aiding and abetting, and Count 3 of the Indictment which charges a violation of 21 U.S.C. § 924(c) and 18 U.S.C. § 2, use, carrying and possession of a firearm during and in furtherance of a drug trafficking crime, and aiding and abetting. Having conducted a proceeding in the form and manner prescribed by FED. R. CRIM P. 11, the Magistrate Judge recommends that the Court accept the defendant's guilty plea, reserving to the District Judge the option of rejecting the Plea Agreement if, after review of the presentence report, the agreed sentence is determined not to be the appropriate disposition of the case. The parties waived their right to file objections to the Findings of Fact and Recommendation. The Court is of the opinion that the Findings of Fact and Recommendation should be accepted.
It is accordingly ORDERED that the Findings of Fact and Recommendation of the United States Magistrate Judge, filed on October 20, 2017 are hereby ADOPTED.
It is further ORDERED that, pursuant to defendant's plea agreement, the Court finds defendant GUILTY of Counts 2 and 3 of the indictment in the above-numbered cause, reserving to the District Judge the option of rejecting the Plea Agreement if, after review of the presentence report, the agreed sentence is determined not to be the appropriate disposition of the case.
So ORDERED and SIGNED this 8th day of November, 2017.
/s/_________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE