Filed: Apr. 22, 2014
Latest Update: Apr. 22, 2014
Summary: ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge. THE MATTER was referred to Magistrate Judge Frank J. Lynch Jr, on March 24, 2014. A Report and Recommendation was filed on March 27, 2014, (D.E. #267), recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Ju
Summary: ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge. THE MATTER was referred to Magistrate Judge Frank J. Lynch Jr, on March 24, 2014. A Report and Recommendation was filed on March 27, 2014, (D.E. #267), recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Jud..
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ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
JOSE E. MARTINEZ, District Judge.
THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge.
THE MATTER was referred to Magistrate Judge Frank J. Lynch Jr, on March 24, 2014. A Report and Recommendation was filed on March 27, 2014, (D.E. #267), recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Judge questioned the Defendant regarding his waiver of appeal in which the Defendant acknowledged on the record that he was waiving or giving up all rights to appeal any sentence imposed by the District Court in this case except under the limited circumstances contained within the appeal waiver provision from the Plea Agreement.
The parties were afforded the opportunity to file objections to the Report and Recommendation, however none were filed. The Court has reviewed the entire file and record and notes that no objections have been filed. After careful consideration, the Court affirms and adopts the Report and Recommendation. Accordingly, it is hereby:
ORDERED AND ADJUDGED that
The Report and Recommendation (D.E. #267) of United States Magistrate Judge Frank J. Lynch Jr, is hereby AFFIRMED and ADOPTED in its entirety.
The Defendant is adjudged guilty to Count One, Six, and Seven of the Third Superseding Indictment, which charges the Defendant in Count One: with conspiracy to interfere with commerce by threats or violence (robbery), in violation of Title 18, United States Code, Section 1951(a); in Count Six: with interfering with commerce by threats or violence (robbery), in violation of Title 18, United States Code, Sections 1951(a) and 2; and in Count Seven: with using, carrying, and possessing a firearm in furtherance of a crime of violence (brandished), in violation of Title 18, United States Code, Sections 924(c)(1)(A)(ii) and 2.
DONE AND ORDERED.