Opinion
COLLIER/CARTER CASE NO. 1:10-CR-59.
December 6, 2010
ORDER
On November 17, 2010, Magistrate Judge William B. Mitchell Carter filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to Count One of the Indictment, conspiracy to distribute and possess with the intent to distribute one hundred (100) kilograms or more of a mixture and substance containing marijuana, a Schedule I controlled substance, in violation of Title 21, U.S.C. §§ 846 and 841(b)(1)(B), 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 Count One 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 (Court File No. 117). 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 Count One 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 Count One 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 Thursday, March 31, 2011, at 9:00 a.m .
SO ORDERED.