Opinion
Case No. 1:11-cr-20
01-08-2013
UNITED STATES OF AMERICA v. IZORA YOUNG
COLLIER / LEE
ORDER
Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw her not guilty plea to Count One of the three-count Superseding Indictment; (2) accept Defendant's plea of guilty to a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C); (3) adjudicate Defendant guilty of the charges in a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) of the Superseding Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find Defendant shall remain in custody until sentencing in this matter (Court File No. 100). Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with the magistrate judge's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Court File No. 100) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw her not guilty plea to a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) of the Superseding Indictment is GRANTED;
(2) Defendant's plea of guilty to the charges in a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges in a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and
841(b)(1)(C);
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Thursday, April 11, 2013 at 9:00 a.m. before the Honorable Curtis L. Collier.
SO ORDERED.
ENTER:
_________________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE