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U.S. v. McELHANNON, 1:12-cr-129-HSM-SKL. (2014)

Court: District Court, E.D. Tennessee Number: infdco20140505841 Visitors: 4
Filed: Mar. 28, 2014
Latest Update: Mar. 28, 2014
Summary: REPORT AND RECOMMENDATION SUSAN K. LEE, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on March 5, 2014. At the hearing, defendant moved to withdraw her not guilty plea to Count One of the six-count Second Superseding Indictment and entered a plea of guilty to Count One of the Second Superseding Indictment, in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find the
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REPORT AND RECOMMENDATION

SUSAN K. LEE, Magistrate Judge.

Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on March 5, 2014. At the hearing, defendant moved to withdraw her not guilty plea to Count One of the six-count Second Superseding Indictment and entered a plea of guilty to Count One of the Second Superseding Indictment, in exchange for the undertakings made by the government in the written plea agreement. 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, apart from the promises in the plea agreement; 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 her not guilty plea to Count One of the Second Superseding Indictment be granted, her plea of guilty to Count One of the Second Superseding Indictment be accepted, the Court adjudicate defendant guilty of the charges set forth in Count One of the Second Superseding Indictment, and a decision on whether to accept the plea agreement be deferred until sentencing. I further RECOMMEND defendant remain in custody until sentencing in this matter. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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