Opinion
Case No. 1:11-cr-37.
August 30, 2011
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, Two and Three of the fourteen-count Indictment; (2) accept Defendant's plea of guilty to Counts One, Two and Three of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts One, Two and Three of the Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) Defendant has been released on bond under appropriate conditions of release pending sentencing in this matter without objection [Doc. 44]. 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 [Doc. 44] 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, Two and Three of the Indictment is GRANTED;
(2) Defendant's plea of guilty to Counts One, Two and Three of the Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Counts One, Two and Three of the Indictment;
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN on bond under appropriate conditions of release pending sentencing in this matter without objection which is scheduled to take place on Monday, November 14, 2011 at 2:00 p.m. before the Honorable Harry S. Mattice, Jr.