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United States v. Ervin

May 14, 2007

UNITED STATES OF AMERICA
v.
CHRISTOPHER B. ERVIN



The opinion of the court was delivered by: Judge Collier

MAGISTRATE JUDGE LEE

ORDER

On April 23, 2007, U.S. Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant defendant Christopher B. Ervin's ("Defendant") motion to withdraw his not guilty plea to Count Three of the Indictment; (2) accept Defendant's guilty plea to Count Three; (3) adjudicate Defendant guilty of the charges set forth in Count Three; (4) grant the Government's motion to dismiss Counts One and Two of the Indictment; and (5) order Defendant remain in custody until sentencing in this matter (Court File No. 18). 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 report and recommendation (Court File No. 18) 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 guilty plea 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;

(4) On motion of the Government, Counts One and Two of the Indictment are hereby DISMISSED WITHOUT PREJUDICE as to Defendant; and

(5) Defendant WILL REMAIN in custody until sentencing, which is scheduled to take place on July 26, 2007 at 2:00 p.m. before the Honorable Curtis L. Collier.

SO ORDERED.

CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE

20070514

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