USA v. Garcia-Romero, et al.

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Case 1:21-cr-00167-JLS-JJM Document514 _ Filed 06/05/25 Page 1 of 2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

21-CR-167 (JLS) (JJM)
MELANY RIVERO-ANDRILLON,

Defendant.

DECISION AND ORDER

On April 4, 2025, before the Honorable Jeremiah J. McCarthy, United States
Magistrate Judge, Defendant Melany Rivero-Andrillon waived indictment and
pleaded guilty to Count 1 of the Superseding Information, charging a violation of
Title 21, United States Code, Section 846 (conspiracy to possess with intent to
distribute, and to distribute, cocaine). See Dkt. 490, 491.

On May 2, 2025, Judge McCarthy filed a Report and Recommendation
(“R&R”) recommending that Defendant’s plea of guilty be accepted and that
Defendant be adjudged guilty. See Dkt. 501.

The Court has not received objections to the R&R in accordance with Title 28,
United States Code, Section 636(b)(1), and Rule 59(b) of the Federal Rules of
Criminal Procedure, and the time to object now has expired.

This Court has carefully reviewed de novo Judge McCarthy’s R&R (Dkt. 501),

the plea agreement (Dkt. 490), the Superseding Information (Dkt. 489), the waiver

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 1:21-cr-00167-JLS-JJM Document514 _ Filed 06/05/25 Page 2 of 2

of indictment (Dkt. 488), a transcript of the plea proceeding, and the applicable law.
This Court finds no legal or factual error in Judge McCarthy’s R&R, and, therefore,
adopts Judge McCarthy’s recommendation that Defendant’s plea of guilty be
accepted and that Defendant be adjudged guilty of Count 1 of the Superseding
Information.

IT IS HEREBY ORDERED that this Court adopts Judge McCarthy’s May 2,
2025 R&R (Dkt. 501), in its entirety, including the authorities cited and the reasons
given therein, and it is further

ORDERED that the Court accepts Defendant's plea of guilty and defers
acceptance of the plea agreement pursuant to Sentencing Guidelines Section
6B1.1(c), and Defendant Melany Rivero-Andrillon is now adjudged guilty under

Title 21, United States Code, Section 846.

SO ORDERED.
Dated: June 5, 2025 7 ——
Buffalo, New York P “ (
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JOHN. SINATRA, JR. a

UNITED STATES DISTRICT JUDGE