Opinion
Case No. 4:10-CR-17.
September 21, 2010
ORDER
On September 2, 2010, Magistrate Judge William B. Mitchell Carter filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to the lesser included offense in Count One of the Indictment, conspiracy to manufacture, possess with intent to distribute and distribute five (5) grams of methamphetamine (actual) and fifty (50) grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B) and Count Three Hundred Fourteen, in exchange for the undertakings made by the government in the written plea agreement; (b) the Court adjudicate Defendant guilty of the charges set forth in the lesser included offense in Count One of the Indictment and Count Three Hundred Fourteen of the Indictment; (c) that a decision on whether to accept the plea agreement be deferred until sentencing; and (d) Defendant shall remain in custody pending sentencing in this matter (Doc. 243). Neither party filed an objection within the given fourteen days. 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 pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's plea of guilty to the lesser included offense in Count One of the Indictment and Count Three Hundred Fourteen of the Indictment, in exchange for the undertakings made by the government in the written plea agreement, is ACCEPTED;
(2) Defendant is hereby ADJUDGED guilty of the charges set forth in the lesser included offense in Count One of the Indictment and Count Three Hundred Fourteen of the Indictment;
(3) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(4) Defendant SHALL REMAIN IN CUSTODY pending sentencing on Monday, February 28, 2011, at 9:00 am.