Opinion
Case No. 1-09-CR-160.
January 12, 2010
ORDER
Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Three of the three-count indictment; (2) accept Defendant's plea of guilty to Counts One and Three of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts One and Three of the 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. 15). 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. 15) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to Counts One and Three of the Indictment is GRANTED;
(2) Defendant's plea of guilty to Counts One and Three of the Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Counts One and Three of the Indictment;
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(4) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Thursday April 8, 2010 at 2:00 p.m. before the Honorable Curtis L. Collier.