- 1 -    UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK                  UNITED STATES OF AMERICA,                       v.DECISION ANDORDER                    EARNEST BAKER,a/k/a Slay,  6:21-CR-06042 EAW      Defendant.                   I. INTRODUCTION  Defendant  Earnest  Baker (“Defendant”) is charged by way of an indictment returned  on March 25, 2021, with a narcotics conspiracy in violation of 21 U.S.C. § 846, distribution  of fentanyl in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2,  distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), possession of  fentanyl with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) and 18  U.S.C. § 2, possession of cocaine with intent to distribute in violation of 21 U.S.C.  § 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2, and possession of a firearm in furtherance of  drug trafficking crimes in violation of 18 U.S.C. §§ 924(c)(1)(A)(i) and 2.  Currently pending before the Court is Defendant’s appeal (Dkt. 27) of a Decision  and Order issued on September 15, 2021, by United States Magistrate Judge Mark W.  Pedersen (Dkt. 24) (the “September Decision”), to whom this Court referred all pretrial  matters pursuant to 28 U.S.C. § 636(b)(1)(A)-(B) (Dkt. 3), with respect to the government’s  Case 6:21-cr-06042-EAW-MJP Document 34 Filed 01/12/22 Page 1 of 8