USA v. Burkhart, 1:17-cr-117-3. (2017)
Court: District Court, E.D. Tennessee
Number: infdco20171128c94
Visitors: 11
Filed: Nov. 27, 2017
Latest Update: Nov. 27, 2017
Summary: ORDER CURTIS L. COLLIER , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 51) recommending that the Court: (1) grant Defendant's motion to withdraw his not-guilty plea to Count One of the ten-count Indictment; (2) accept Defendant's guilty plea to Count One of the ten-count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin
Summary: ORDER CURTIS L. COLLIER , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 51) recommending that the Court: (1) grant Defendant's motion to withdraw his not-guilty plea to Count One of the ten-count Indictment; (2) accept Defendant's guilty plea to Count One of the ten-count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin,..
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ORDER
CURTIS L. COLLIER, District Judge.
United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 51) recommending that the Court: (1) grant Defendant's motion to withdraw his not-guilty plea to Count One of the ten-count Indictment; (2) accept Defendant's guilty plea to Count One of the ten-count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin, a Schedule I controlled substance, in violation of Title 21 United States Code Sections 841(a)(1), 841(b)(1)(B), and 846; and (4) order that Defendant remain in custody until further order of this Court or sentencing in this matter. Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 51) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not-guilty plea as to Count One of the ten-count Indictment is GRANTED;
2. Defendant's plea of guilty to Count One of the ten-count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of guilty of conspiracy to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin, a Schedule I controlled substance, in violation of Title 21 United States Code Sections 841(a)(1), 841(b)(1)(B), and 846;
4. A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
5. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter, which is scheduled to take place on March 7, `, at 2:00 p.m. before the undersigned.
SO ORDERED.
Source: Leagle
