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UNITED STATES OF AMERICA v. TYRONE CORNELL SIMINGTON

ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The above-styled matter was referred to the Honorable Caroline M. Craven, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Craven conducted a hearing on February 21, 2017 in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued a Report and Recommendation (document #87). Judge Craven recommended that the Court accept Defendant's guilty plea and conditionally approve the plea agreement. She further recommended that the Court finally adjudge Defendant as guilty of part of Count 1 of the Indictment which charges a violation of 18 U.S.C. § 922(g)(1), felon in possession of ammunition. The Defendant maintains his plea of not guilty to the remainder of Count 1, that being a felon in possession of a firearm, and the government will waive that portion of Count 1 at the time of sentencing.

All parties waived objections to the Magistrate Judge's findings. The Court is of the opinion that the Report and Recommendation should be accepted. It is accordingly ORDERED that the Report and Recommendation of the United States Magistrate Judge (document #87) is ADOPTED. It is further

ORDERED that the Defendant's guilty plea is accepted and approved by the Court. Further, the plea agreement is approved by the Court, conditioned upon a review of the presentence report. It is finally

ORDERED that, pursuant to the Defendant's plea agreement, the Court finds the Defendant GUILTY of part of Count 1 of the Indictment in the above-numbered cause and enters a JUDGMENT OF GUILTY against the Defendant as to part of Count 1 of the Indictment.

SIGNED this 1st day of March, 2017.

/s/_________


ROBERT W. SCHROEDER III


UNITED STATES DISTRICT JUDGE

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United States v. Simington
(Mar 1, 2017)