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United States v. Smith

March 17, 2008

UNITED STATES OF AMERICA
v.
DEWAYNE SMITH



The opinion of the court was delivered by: Curtis L. Collier Chief United States District Judge

COLLIER/CARTER

ORDER

On December 4, 2007, Magistrate Judge William B. Mitchell Carter filed a Report and Recommendation recommending (a) the Court accept Defendant Dewayne Smith's ("Defendant") plea of guilty to Count One of the Indictment, the lesser included offense of conspiracy to distribute cocaine base ("crack"), in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(C), in exchange for the undertakings made by the government in the written plea agreement; (b) the Court adjudicate Defendant guilty of the charges set forth in Count One of the Indictment; (c) that a decision on whether to accept the plea agreement be deferred until sentencing; and (d) Defendant shall remain in custody pending sentencing in this matter (Doc. 129). Neither party filed an objection within the given ten days. 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. 129) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's plea of guilty to Count One of the Indictment in exchange for the undertakings made by the government in the written plea agreement is ACCEPTED;

(2) Defendant is hereby ADJUDGED guilty of the charges set forth in Count One of the Indictment;

(3) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and

(4) Defendant SHALL REMAIN in custody pending sentencing.

SO ORDERED.

20080317

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