USA v. Busbee et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, 	Case No. 3:23-cr-116-3
vs.
DAMARION GALLOWAY, 	District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.
Defendant.
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED
STATES MAGISTRATE JUDGE (Doc. No. 183); (2) GRANTING THE PARTIES’ JOINT
MOTION FOR A CHANGE OF PLEA (Doc. No. 162); (3) ACCEPTING DEFENDANT’S
PLEA OF GUILTY AS CHARGED IN AMENDED COUNT 1 AND AMENDED COUNT
10 OF THE AMENDED SUPERSEDING INDICTMENT; AND (4) DEFERRING THE
DECISION OF WHETHER TO ACCEPT THE PLEA AGREEMENT UNTIL THE
SENTENCING HEARING
This criminal case is before the Court on the Report and Recommendation of the United
States Magistrate Judge (Doc. No. 183), recommending that the Court accept Defendant’s guilty
plea. 	There being no objections, the Court ADOPTS the Report and Recommendation in full.
The parties’ joint motion to change plea (Doc. No. 162) is GRANTED. The Court ACCEPTS
Defendant’s plea of guilty as charged in Amended Count 1 and Amended Count 10 of the amended
superseding indictment, which charges him with conspiracy to possess with intent to distribute and
to distribute cocaine, methamphetamine, and fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and
(b)(l)(C) and 846, and with possession of a firearm in furtherance of a drug trafficking crime, in
violation of l8 U.S.C. § 924(c). The Court DEFERS the decision of whether to accept the plea
agreement until the sentencing hearing.
IT IS SO ORDERED.
January 9, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
Case: 3:23-cr-00116-MJN Doc #: 190 Filed: 01/09/26 Page: 1 of 1 PAGEID #: <pageID>