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U.S. v. NUNLEY, 1:15-CR-12. (2015)

Court: District Court, E.D. Tennessee Number: infdco20150922b54 Visitors: 13
Filed: Sep. 21, 2015
Latest Update: Sep. 21, 2015
Summary: ORDER HARRY S. MATTICE, Jr. , District Judge . On September 1, 2015, Magistrate Judge Christopher H. Steger filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to the lesser included offense in Count Two of the Superseding Indictment, conspiracy to distribute and possess with intent to distribute five grams or more of methamphetamine actual and fifty grams or more of a mixture and substance containing methamphetamine, in violation of 21 USC 846
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ORDER

On September 1, 2015, Magistrate Judge Christopher H. Steger filed a Report and Recommendation recommending (a) the Court accept Defendant's plea of guilty to the lesser included offense in Count Two of the Superseding Indictment, conspiracy to distribute and possess with intent to distribute five grams or more of methamphetamine actual and fifty grams or more of a mixture and substance containing methamphetamine, in violation of 21 USC §§ 846 and 841(b)(1)(B), in exchange for the undertakings made by the government in the written plea agreement; (b) the Court adjudicate Defendant guilty of the charges set forth in the lesser included offense in Count Two of the Superseding Indictment; (c) that a decision on whether to accept the plea agreement be deferred until sentencing; and (d) Defendant shall remain in custody pending sentencing in this matter (Doc. 154). Neither party filed an objection within the given fourteen days. After reviewing the record, the Court agrees with the magistrate judge's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's plea of guilty to the lesser included offense in Count Two of the Superseding Indictment, in exchange for the undertakings made by the government in the written plea agreement, is ACCEPTED;

(2) Defendant is hereby ADJUDGED guilty of the charges set forth in the lesser included offense in Count Two of the Superseding Indictment;

(3) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and

(4) Defendant SHALL REMAIN IN CUSTODY pending sentencing on Monday, January 18, 2016, at 2:00 pm.

SO ORDERED.

Source:  Leagle

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