Opinion
Case No. 1:11-CR-20.
August 26, 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 and Two of the threecount Superseding Indictment; (2) accept Defendant's plea of guilty to a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) and Count Two, that is, knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(1)(A)(I); (3) adjudicate Defendant guilty of the charges in a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) and Count Two, that is, knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(1)(A)(I) of the 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. 51). 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. 51) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) and Count Two, that is, knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(1)(A)(I) of the Superseding Indictment is GRANTED;
(2) Defendant's plea of guilty to the charges in a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) and Count Two, that is, knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(1)(A)(I) is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges in a portion of Count One, that is, conspiracy to distribute and possess with intent to distribute 50 kilograms or more of a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 USC §§ 846, 841(a)(1) and 841(b)(1)(C) and Count Two, that is, knowingly using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 USC § 924(c)(1)(A)(I);
(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 17, 2011 at 9:00 a.m. before the Honorable Curtis L. Collier.