RICHARD W. STORY, District Judge.
This case is before the Court for consideration of the Report and Recommendation ("R&R") [Doc. 18] of Magistrate Judge J. Clay Fuller and the United States' Motion in Limine to Exclude Legal Argument [Doc. 21]. After reviewing the record, the Court enters the following Order.
No objections have been filed to the R&R. In accordance with 28 U.S.C. § 636(b)(1) and Rule 59 of the Federal Rules of Criminal Procedure, the Court has reviewed the R&R for plain error and has found none. The Report and Recommendation [Doc. 18] is hereby approved and adopted as the opinion and order of this Court. Accordingly, Defendant's Motion to Dismiss [Doc. 13] is
In the Motion in Limine, the Govemment moves the Court to prohibit Defendant from arguing to the jury that a person is not "under indictment" as charged in the Indictment [Doc. 1] if that person has entered a guilty plea under Georgia's First Offender Act. In light of the Court's ruling on Defendant's Motion to Dismiss, the Govemment is entitled to the relief sought. Therefore, the Motion in Limine [Doc. 21] is