UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
December 4, 2008
UNITED STATES OF AMERICA,
HEIDI HEARY, DEFENDANT.
The opinion of the court was delivered by: William M. Skretny United States District Judge
DECISION AND ORDER
1. On October 21, 2008, the Defendant entered into a written plea agreement (Docket No. 5) and pled guilty to a One Count Felony Information (Docket No. 3) charging violations of Title 21, U.S.C. Section 843(b) (use of a communication facility to commit a drug felony).
2. On October 21, 2008, the Honorable H. Kenneth Schroeder, Jr., United States Magistrate Judge, filed a Report and Recommendation (Docket No. 8) recommending that Defendant's plea of guilty be accepted and the Defendant adjudicated guilty.
3. This Court has not received objections to the Report and Recommendation in accordance with 28 U.S.C. §636(b)(1)(C) and Local Rule 58.2(a)(3).
4. This Court has carefully reviewed de novo Judge Schroeder's October 21, 2008, Report and Recommendation, the plea agreement, transcript of the proceeding, and the applicable law. Upon due consideration, this Court finds no legal or factual error in Judge Schroeder's Report and Recommendation, and will accept Judge Schroeder's recommendation that Defendant's plea of guilty be accepted and that the Defendant be adjudicated guilty as charged.
IT HEREBY IS ORDERED, that this Court accepts Judge Schroeder's October 21, 2008 Report and Recommendation (Docket No. 8) in its entirety, including the authorities cited and the reasons given therein.
FURTHER, that the plea of guilty of Defendant Heidi Heary is accepted, and she is now adjudged guilty of Title 21, U.S.C. Section 843(b).
Buffalo, New York
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