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United States of America v. Kerry L. Smith

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 31, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KERRY L. SMITH, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 207) of Magistrate Judge Philip M. Frazier recommending that the Court accept defendant Kerry L. Smith's guilty plea to Counts 1 and 2 of the Superseding Indictment and adjudicate Smith guilty of those offenses.

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the Report. The Court has reviewed the file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 207), ACCEPTS Smith's guilty plea to Counts 1 and 2 of the Superseding Indictment and ADJUDICATES Smith guilty of Counts 1 and 2 of the Superseding Indictment.

The Court further GRANTS Smith's motion to continue the sentencing and forfeiture hearing currently set for June 7, 2012 (Doc. 213) and continues that proceeding until July 12, 2012, at 1:30 p.m. in Benton, Illinois.

IT IS SO ORDERED.

J. Phil Gilbert

20120531

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