United States v. Cofer, 3:19-CR-162. (2020)
Court: District Court, E.D. Tennessee
Number: infdco20200228a91
Visitors: 12
Filed: Jan. 23, 2020
Latest Update: Jan. 23, 2020
Summary: REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, JR. , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on January 23, 2020. At the hearing defendant moved to withdraw his not guilty plea and entered a plea of guilty to the charge in the Indictment, that is, of embezzlement of union funds, in violation of 29 U.S.C. 501(c). On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea;
Summary: REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, JR. , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on January 23, 2020. At the hearing defendant moved to withdraw his not guilty plea and entered a plea of guilty to the charge in the Indictment, that is, of embezzlement of union funds, in violation of 29 U.S.C. 501(c). On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; t..
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REPORT AND RECOMMENDATION
C. CLIFFORD SHIRLEY, JR., Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on January 23, 2020. At the hearing defendant moved to withdraw his not guilty plea and entered a plea of guilty to the charge in the Indictment, that is, of embezzlement of union funds, in violation of 29 U.S.C. § 501(c). On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by defendant; the plea is made voluntarily and free from any force, threats, or promises; the defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
Therefore, I RECOMMEND defendant's motion to withdraw his not guilty plea be granted; his plea of guilty to the charge in the Indictment, that is, of embezzlement of union funds, in violation of 29 U.S.C. § 501(c), be accepted; and the Court adjudicate defendant guilty of the charge in the indictment. I further RECOMMEND defendant remain on bond with conditions of release until sentencing in this matter. Adjudication of guilt and imposition of sentence are specifically reserved for the district judge.
Source: Leagle
