Opinion
Case No. 1-10-cr-94.
January 4, 2011
ORDER
Magistrate Judge Susan K. Lee filed a report and recommendation ("R R") recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the one-count Indictment; (2) accept Defendant's plea of guilty to Count One of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Count One of the Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) order Defendant to remain in custody until sentencing in this matter (Court File No. 36). Neither party filed a timely objection to the R R. After reviewing the record, the Court agrees with the magistrate judge's R R. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's R R pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to Count One of the Indictment is GRANTED;
(2) Defendant's plea of guilty to Count One of the Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Count One of the Indictment;
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN in custody pending sentencing in this matter which is scheduled for Thursday, April 21, 2011 at 2:00 p.m. before the Honorable Curtis L. Collier.