USA v. Gogolack, et al.

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Case 1:23-cr-00099-EAW Document 398 Filed 04/08/25 Page1of2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

V. 23-CR-99-LJV-JJM
DECISION & ORDER
SCOTT BARNES,

Defendant.

1. On December 27, 2024, the defendant, Scott Barnes, pleaded guilty
to Count 27 of the second superseding indictment charging a violation of Title 18,
United States Code, Section 922(g)(1) (felon in possession of firearms). Docket Item
3a2.

Zs On December 27, 2024, the Honorable Jeremiah J. McCarthy, United
States Magistrate Judge, filed a Report & Recommendation recommending that the
defendant's plea of guilty be accepted and that the defendant be adjudged guilty.
Docket Item 333.

cs This Court has not received objections to the Report & Recommendation
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.

4. This Court has carefully reviewed de novo Judge McCarthy’s
Report & Recommendation (Docket Item 333), the plea agreement (Docket Item 332),
the second superseding indictment (Docket Item 24), a transcript of the plea proceeding
(Docket Item 380), and the applicable law. This Court finds no legal or factual error in

Judge McCarthy’s Report & Recommendation and therefore adopts Judge McCarthy's

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 1:23-cr-00099-EAW Document 398 Filed 04/08/25 Page 2 of 2

recommendation that the defendant’s plea of guilty be accepted and that the defendant
be adjudged guilty of count 27 of the second superseding indictment.

IT IS HEREBY ORDERED that this Court adopts Judge McCarthy's December
27, 2024 Report & Recommendation, Docket Item 333, in its entirety, including the
authorities cited and the reasons given therein, and it is further

ORDERED that the Court accepts the defendant’s plea of guilty and defers
acceptance of the plea agreement pursuant to Sentencing Guidelines Section 6B1.1(c),
and the defendant, Scott Barnes is now adjudged guilty under Title 18, United States

Code, Section 922(g)(1).

SO ORDERED.

Dated: April Y 2008
Buffalo, New York

CATV) lever

LAWRENCE JJVILARDO
UNITED STATES DISTRICT JUDGE