Filed: May 28, 2014
Latest Update: May 28, 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 April 23, 2014. A Report and Recommendation was filed on May 9, 2014, (D.E. #136), recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Judge
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 April 23, 2014. A Report and Recommendation was filed on May 9, 2014, (D.E. #136), recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Judge ..
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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 April 23, 2014. A Report and Recommendation was filed on May 9, 2014, (D.E. #136), recommending that the Defendant's plea of guilty be accepted. During the Change of Plea hearing, the Magistrate Judge questioned the Defendant regarding her waiver of appeal in which the Defendant acknowledged on the record that she 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. #136) 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 of the Indictment, which charges the Defendant in Count One: with conspiracy to posses with intent to distribute a controlled substance, namely cocaine hydrochloride, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), all in violation of Title 21, United States Code, Sections 846.
DONE AND ORDERED.