Summary
finding defendant received close assistance of counsel where "the plea agreement states that Defendant reviewed all legal and factual aspects of the case and that Defendant was fully satisfied with his counsel's legal representation. Defendant also represented, in signing the written consent form to proceed before the [magistrate judge], that he was satisfied with the representation provided to him. Defendant was also asked during his plea colloquy whether he was satisfied with the representation provided by his counsel and he answered that he was."
Summary of this case from United States v. SmithOpinion
CRIMINAL ACTION NO. 4:11-CR-166
02-05-2013
UNITED STATES OF AMERICA v. MARSALIA LARAY SMITH (11)
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636. On January 15, 2013, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendation that the Defendant's pro se Motion to Withdraw Plea Agreement (Dkt. #447) should be denied.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court. It is accordingly
ORDERED that the Defendant's pro se Motion to Withdraw Plea Agreement (Dkt. #447) is DENIED.
SIGNED at Beaumont, Texas, this 5th day of February, 2013.
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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE