ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE

SOLOMON OLIVER, JR., District Judge.

This case is before the Court on a Report and Recommendation filed by United States Magistrate Judge Jonathan D. Greenberg, regarding the change of plea hearing of De'Lon Mallory, which was referred to the Magistrate Judge with the consent of the parties.

On May 29, 2019, the government filed a 1 count Indictment, charging Defendant Mallory, with Misappropriation of Postal Funds Valued over $1000, in violation of Title 18 U. S. C. Section 1711. Defendant was arraigned on July 10, 2019, and entered a plea of not guilty to count 1 of the Indictment, before Magistrate Judge Baughman. On September 12, 2019 Magistrate Judge Greenberg received Defendant Mallory's plea of guilty to Count 1 of the Indictment, and issued a Report and Recommendation ("R&R"), concerning whether the plea should be accepted and a finding of guilty entered.

Neither party submitted objections to the Magistrate Judge's R&R in the fourteen days after it was issued.

On de novo review of the record, the Magistrate Judge's R&R is adopted. Defendant Mallory is found to be competent to enter a plea and to understand his constitutional rights. He is aware of the charges and of the consequences of entering a plea. There is an adequate factual basis for the plea. The court finds the plea was entered knowingly, intelligently, and voluntarily. The plea agreement is approved.

Therefore, Defendant De'Lon Mallory is adjudged guilty to Count 1 of the Indictment, in violation of Title 18 U. S. C. Section 1711. This matter was referred to the U. S. Probation Department for the completion of a pre-sentence investigation and report. Sentencing will be on December 19, 2019, at 2:00 p.m. in Courtroom 17A, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.

IT IS SO ORDERED.