IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 16, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
TRX HEALTH SYSTEMS, P.C., DEFENDANT.
The opinion of the court was delivered by: Herndon, District Judge
This matter was referred to United States Magistrate Judge Clifford J. Proud for the specific purpose of conducting a change of plea hearing for defendant TRX Health Systems, P.C. ("TRX"), pursuant to 28 U.S.C. § 636, SDIL Rule 72.1(b)(2) and TRX's consent (Doc. 65). The change of plea hearing was held on June 26, 2007 (Doc. 67) pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, during which defendant TRX plead guilty to Count 3 of the Superseding Indictment (Doc. 28) following a thorough colloquy with Judge Proud. A Report and Recommendation ("R&R") (Doc. 71) was issued, recommending the Court accept TRX's pleas of guilty. In accordance with 28 U.S.C. § 636(b)(1)(B), the parties were allowed ten (10) days from the issuance of the R&R to file written objections thereto.
Neither party filed timely objections. Therefore, the Court ADOPTS the R&R (Doc. 71) in its entirety. The Court hereby finds defendant TRX's plea of guilty as to Count 3 of the Superseding Indictment to have been knowing and voluntarily made and that the offense charged was supported by an independent factual basis containing each of the essential elements of such offense. Accordingly, the Court ACCEPTS defendant TRX's guilty plea and ADJUDGES TRX GUILTY of Count 3 of the Superseding Indictment (Doc. 28). The United States Probation Office is DIRECTED to prepare a presentence investigation report. The sentencing hearing for defendant TRX remains scheduled for November 16, 2007 at 9:30 a.m.
IT IS SO ORDERED.
David RHerndon United States District Judge
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