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United States v. Dudley

December 5, 2006

UNITED STATES OF AMERICA
v.
ERNEST W. DUDLEY



The opinion of the court was delivered by: Judge Edgar

MAGISTRATE JUDGE CARTER

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 Count Three; (2) accept Defendant's plea of guilty to Count Three of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Count Three of the Indictment; and (4) find Defendant shall remain in custody until sentencing in this matter [Doc. No. 26]. 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. No. 26] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's motion to withdraw his not guilty plea to Count Three is GRANTED;

(2) Defendant's plea of guilty to Count Three of the Indictment is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Count Three of the Indictment; and

(4) Defendant SHALL REMAIN in custody until sentencing in this matter.

SO ORDERED.

R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE

20061205

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