U.S. v. Lerdo

Full title: UNITED STATES OF AMERICA v. AMILCAR LERDO also known as "Marino Morales…

Court: United States District Court, E.D. Tennessee, at Chattanooga

Date published: Aug 26, 2011

Case No. 1:11-CR-1 (E.D. Tenn. Aug. 26, 2011)

Opinion

Case No. 1:11-CR-1.

August 26, 2011

ORDER

CURTIS COLLIER, District Judge

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 Count One of the two-count Second Superseding Indictment; (2) accept Defendant's plea of guilty to Count One of the Second Superseding Indictment; (3) adjudicate Defendant guilty of the charges set forth in Count One of the Second Superseding 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. 129). 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. 129) 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 Second Superseding Indictment is GRANTED;

(2) Defendant's plea of guilty to Count One of the Second Superseding Indictment is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Count One of the Second Superseding Indictment;

(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and

(5) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Thursday, November 3, 2011 at 2:00 p.m. before the Honorable Curtis L. Collier.

SO ORDERED.