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United States v. Ruiz-Nunez

March 24, 2008

UNITED STATES OF AMERICA
v.
JUAN RUIZ-NUNEZ



The opinion of the court was delivered by: R. Allan Edgar United States District Judge

EDGAR/CARTER

ORDER

On March 5, 2008, Magistrate Judge William B. Mitchell Carter filed a Report and Recommendation recommending (a) the Court accept Defendant Juan Ruiz-Nunez's ("Defendant") plea of guilty to Count One of the Indictment, to the extent it charges conspiracy to distribute 500 grams or more of methamphetamine in violation of 841(a)(1) and (b)(1)(A) and 846, 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, to the extent it charges conspiracy to distribute 500 grams or more of methamphetamine in violation of 841(a)(1) and (b)(1)(A) and 846; (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. 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. No. 99] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's plea of guilty to Count One, to the extent it charges conspiracy to distribute 500 grams or more of methamphetamine in violation of 841(a)(1) and (b)(1)(A) and 846, 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, to the extent it charges conspiracy to distribute 500 grams or more of methamphetamine in violation of 841(a)(1) and (b)(1)(A) and 846;

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

(4) Defendant SHALL REMAIN in custody pending sentencing on Monday, July 14, 2008 at 1:30 pm.

SO ORDERED.

ENTER this the 24th day of March, 2008.

20080324

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