Opinion
Criminal No. 07-446 (ADC).
May 16, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is an unopposed Report and Recommendation issued by Chief Magistrate-Judge Justo Arenas on May 8, 2008. ( Docket No. 164). In said Report and Recommendation the Chief Magistrate-Judge recommends that: defendant Angel Manuel Santana-Andujar be adjudged guilty of the offenses charged in Count Three (T. 8, U.S.C. § 1326(a)(2) and (b)(2)) inasmuch as, his plea of guilty was intelligently, knowingly and voluntarily entered.
Neither party has filed objections to the Chief Magistrate-Judge's Report and Recommendation within the time frame provided by the Federal Rules of Criminal Procedure and this Court's Local Rules. See Fed.R.Crim.P. 11; 28 U.S.C. § 636(b)(1)(B); D.P.R. Local Crim. R. 147(b).
After reviewing the record, the Court agrees with the arguments, factual and legal conclusions within the Report and Recommendation. Therefore, the Court hereby APPROVES and ADOPTS the Chief Magistrate-Judge's Report and Recommendation in its entirety.
Accordingly, a judgment of conviction is to be entered as to Count Three of the indictment in the above-captioned case.
The sentencing hearing is set for September 5, 2008 at 10:00 a.m.
IT IS SO ORDERED.