U.S. v. POWERS, 4:15-cr-18. (2016)
Court: District Court, E.D. Tennessee
Number: infdco20160622e42
Visitors: 6
Filed: Jun. 20, 2016
Latest Update: Jun. 20, 2016
Summary: ORDER TRAVIS R. MCDONOUGH , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation ("R&R") recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the five-count Indictment; (2) accept Defendant's plea of guilty to the lesser offense of the charge in Count One of the Indictment—conspiracy to distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of
Summary: ORDER TRAVIS R. MCDONOUGH , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation ("R&R") recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the five-count Indictment; (2) accept Defendant's plea of guilty to the lesser offense of the charge in Count One of the Indictment—conspiracy to distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 2..
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ORDER
TRAVIS R. MCDONOUGH, District Judge.
Magistrate Judge Susan K. Lee filed a report and recommendation ("R&R") recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the five-count Indictment; (2) accept Defendant's plea of guilty to the lesser offense of the charge in Count One of the Indictment—conspiracy to distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(D); (3) adjudicate Defendant guilty of the lesser offense of the charge in Count One of the Indictment—conspiracy to distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(D); (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find that Defendant shall remain in custody until sentencing in this matter. (Doc. 128.) Neither party filed a timely objection to the R&R.
After reviewing the record, the Court agrees with the magistrate judge's R&R. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's R&R (Doc. 128) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to Count One of the Indictment is GRANTED;
(2) Defendant's plea of guilty to the lesser offense of the charge in Count One of the Indictment—conspiracy to distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(D)—is ACCEPTED;
(3) Defendant is hereby ADJUGED guilty of the lesser offense of the charge in Count One of the Indictment—conspiracy to distribute a mixture and substance containing a detectable amount of marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(D);
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN in custody until sentencing in this matter, which is scheduled to take place on September 9, 2016, at 2:00 p.m. [EST] before the undersigned.
SO ORDERED.
Source: Leagle
