Filed: Feb. 19, 2019
Latest Update: Feb. 19, 2019
Summary: REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY CHARLES J. KAHN, JR. , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. R. Crim. P., and has entered a plea of guilty to the lesser included offense to Count One (Simple Possession of a Controlled Substance, in violation of Title 21, United States Code, Section 844), Count Two (Possessing a Firearm in Furtherance of a Drug-Trafficking Crime, in violation of Title 18, United States Code, Section
Summary: REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY CHARLES J. KAHN, JR. , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. R. Crim. P., and has entered a plea of guilty to the lesser included offense to Count One (Simple Possession of a Controlled Substance, in violation of Title 21, United States Code, Section 844), Count Two (Possessing a Firearm in Furtherance of a Drug-Trafficking Crime, in violation of Title 18, United States Code, Section ..
More
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
CHARLES J. KAHN, JR., Magistrate Judge.
The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. R. Crim. P., and has entered a plea of guilty to the lesser included offense to Count One (Simple Possession of a Controlled Substance, in violation of Title 21, United States Code, Section 844), Count Two (Possessing a Firearm in Furtherance of a Drug-Trafficking Crime, in violation of Title 18, United States Code, Section 924(c)(1)(A)), and Count Three (Possession of a Firearm by a Convicted Felon, in violation of Title 18, United States Code, Section 922(g)(1)). After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined the guilty plea was knowing and voluntary and the offenses charged are supported by independent bases in fact containing each of the essential elements thereof. I therefore recommend the plea of guilty be accepted and the Defendant be adjudicated guilty and have sentence imposed accordingly.
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations may be filed within twenty-four (24) hours after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon the magistrate judge and all other parties. A party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See U.S. Ct. of App. 11th Cir. Rule 3-1; 28 U.S.C. § 636.