Opinion
22-80028-CR-CANNON
09-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. ALLEN JAMES SWEETENBERG, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
AILEEN M. CANNON UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon the Report and Recommendation issued by Magistrate Judge Bruce E. Reinhart following Change of Plea Hearing [ECF No. 40]. On August 29, 2022, Magistrate Judge Reinhart held a Change of Plea hearing [ECF No. 37], during which Defendant pled guilty to Count One of the Superseding Indictment [ECF No. 20] pursuant to a written plea agreement and factual proffer [ECF No. 38]. Magistrate Judge Reinhart thereafter issued a Report recommending that the Court accept Defendant's guilty plea to Count One of the Superseding Indictment [ECF No. 20], that the Court find Defendant to have freely and voluntarily entered his guilty plea, and that the Court adjudicate him guilty of Count One of the Superseding Indictment [ECF No. 40]. No party has filed objections to the Report, and the time to do so has expired.
The Court has conducted a review of the record and finds no error in the Report. Therefore, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 40] is ACCEPTED.
2. The guilty plea entered into by Defendant Allen James Sweetenberg as to Count One of the Superseding Indictment is ACCEPTED.
3. Defendant Allen James Sweetenberg is adjudicated guilty of Count One of the Superseding Indictment, which charges him with knowingly and intentionally possessing with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1), namely, a mixture and substance containing a detectable amount of cocaine base (commonly known as “crack” cocaine), and a mixture and substance containing a detectable amount of cocaine, pursuant to 21 U.S.C. § 841(b)(1)(C) [ECF No. 20].
4. The Government's Motion to Introduce Evidence Pursuant to Federal Rule of Evidence 404(b) [ECF No. 11] is DENIED AS MOOT.
DONE AND ORDERED