JOSE E. MARTINEZ
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge.
THE MATTER was referred to Magistrate Judge Frank J. Lynch, on October 27, 2011. A Report and Recommendation was filed on November 4, 2011, (D.E.#25), recommending that the Defendant's plea of guilty be accepted. The Defendant and the Government were afforded the opportunity to file objections to the Report and Recommendation, however none were filed. The Court has conducted a de novo review of the entire file. Accordingly, it is
ORDERED AND ADJUDGED that
The Report and Recommendation of United States Magistrate Judge Frank J. Lynch, is hereby Adopted and Approved in its entirety.
The Defendant is adjudged guilty to the sole count of the Superseding Indictment which charges that the Defendant, an alien, having previously been deported and removed from the United States on or about July 29, 2009, was found to be in the United States, knowingly and unlawfully, without the Attorney General of the United States or his successor, the Secretary for the Department of Homeland Security (Title 6, United States Code, Sections 202(3), 202(4) and 557), having expressly consented to said alien's reapplying for admission to the United States, in violation of Title 8, United States Code, Section 1326(a).
DONE AND ORDERED in Chambers at Miami, Florida this 1 day of December, 2011.
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE
Copied: Hon. Magistrate Lynch
All Counsel Of Record
U.S. Probation Office