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UNITED STATES OF AMERICA, Plaintiff, v. CLAY ALLEN, Defendant.

Hon. Michael J. Newman, United States District Judge

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. NO. 60); (2) GRANTING THE PARTIES' JOINT MOTION FOR CHANGE OF PLEA HEARING (DOC. NO. 53); (3) ACCEPTING DEFENDANT'S PLEA OF GUILTY AS CHARGED IN COUNTS 1 AND 2 OF THE FIRST SUPERSEDING INFORMATION; AND (4) DEFERRING THE DECISION OF WHETHER TO ACCEPT THE PLEA AGREEMENT UNTIL THE SENTENCING HEARING

Hon. Michael J. Newman, United States District Judge

This criminal case is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. No. 60), recommending that the Court accept Defendant's guilty plea. There being no objections, the Court ADOPTS the Report and Recommendation in full. The parties' joint motion to change plea (Doc. No. 53) is GRANTED, and the Court ACCEPTS Defendant's plea of guilty as charged in Counts 1 and 2 of the First Superseding Information, which charges him with (1) conspiracy to possess with intent to distribute a mixture or substance containing a detectable amount of fentanyl and a mixture or substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846; and (2) making a materially false, fictitious and fraudulent statement on an application for a federal emergency benefit in violation of 18 U.S.C. § 1040. The Court will defer the decision of whether to accept the plea agreement until the sentencing hearing.

IT IS SO ORDERED.

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United States v. Allen
(Oct 2, 2023)