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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. CASE NO. 4:02-CR-062-SPM

CARLOS LIMON-JUAREZ

Defendant.

_____________________________/

ORDER PERMITTING LATE OBJECTIONS TO BE FILED

THIS CAUSE comes before the Court upon the “Request for

Reconsideration” (doc. 169) filed October 12, 2006, in which Defendant states

that a mail delay at his institution prevented him from receiving the magistrate’s

report and recommendations in time to file objections before the deadline. The

order adopting the report and recommendation (doc. 164) was entered

September 26, 2006, and the objections (doc. 167) were filed October 2, 2006.

I have reviewed these objections de novo and determined that they would

not have changed the final outcome of this case. Defendant now argues that he

did not know the difference between kilograms and pounds. He states, “When

Petitioner said, ‘It was slightly more than a thousand’ during the guilty plea

hearing, he meant 1,000 pounds.” See doc. 167 at 2. Excerpts from the plea

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hearing, included in the magistrate’s report and recommendation, show that

Defendant was well aware that he was pleading to more than 1,000 kilograms of

marijuana:

THE COURT: And was the amount that you got involved with 

more than a thousand kilograms?

THE DEFENDANT: It was slightly more than a thousand.

* * *

THE COURT: All right. Do you admit that you were involved

with something more than a thousand

kilograms of marijuana?

THE DEFENDANT: Yes, I do.

THE COURT: So to get it clear for the record, this says 2,740

kilograms, and you’re saying that you’re not

so sure about that, but you do agree that it was more than a thousand k

THE DEFENDANT: Yes, more than a thousand, but not as much

as 2,740.

* * *

THE COURT: Do you understand that what your attorney has

said is that by agreeing that the amount of

marijuana was more than 1,000 kilograms, that under the guidelines yo

32 for offense characteristics?

THE DEFENDANT: Yes, I understand.

Doc. 134 at 19, 21 (emphasis added). It is clear from this exchange that the

amount of drugs was measured in kilograms only. Defendant had ample

opportunity during the hearing to speak up and clarify that all references were to

kilograms, not pounds. Having remained silent on the issue throughout the

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proceedings, Defendant is not now entitled to claim a lack of understanding that

would render the plea colloquy deficient in any way. Nothing in Defendant’s

motion for reconsideration would have changed the ultimate outcome of this

case.

Accordingly, it is

ORDERED AND ADJUDGED as follows:

1. The motion for reconsideration (doc. 167) is hereby denied.

2. The magistrate’s report and recommendation (doc. 163) is

readopted over Defendant’s objections.

DONE AND ORDERED this twenty-third day of October, 2006.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

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