Filed: Oct. 01, 2019
Latest Update: Oct. 01, 2019
Summary: ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE SOLOMON OLIVER, JR. , District Judge . This case is before the Court on a Report and Recommendation filed by United States Magistrate Judge William H. Baughman, Jr., regarding the change of plea hearing of Troy Pollard, which was referred to the Magistrate Judge with the consent of the parties. On January 29, 2019, the government filed a 95 count Indictment, charging Defendant Troy Pollard, in counts 1 and 58 w
Summary: ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE SOLOMON OLIVER, JR. , District Judge . This case is before the Court on a Report and Recommendation filed by United States Magistrate Judge William H. Baughman, Jr., regarding the change of plea hearing of Troy Pollard, which was referred to the Magistrate Judge with the consent of the parties. On January 29, 2019, the government filed a 95 count Indictment, charging Defendant Troy Pollard, in counts 1 and 58 wi..
More
ORDER ACCEPTING PLEA AGREEMENT, JUDGMENT AND REFERRAL TO U.S. PROBATION OFFICE
SOLOMON OLIVER, JR., District Judge.
This case is before the Court on a Report and Recommendation filed by United States Magistrate Judge William H. Baughman, Jr., regarding the change of plea hearing of Troy Pollard, which was referred to the Magistrate Judge with the consent of the parties.
On January 29, 2019, the government filed a 95 count Indictment, charging Defendant Troy Pollard, in counts 1 and 58 with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, in violation of Title 21 U. S. C. Section 846, and Use of a Communication Facility in Furtherance of a Drug Trafficking Crime, in violation of Title 21 U.S.C. Section 843(b) and 18:2. Defendant Pollard was arraigned on February 4, 2019, and entered a plea of not guilty to Counts 1 and 58 of the Indictment, before Magistrate Judge Limbert. On September 6, 2019 Magistrate Judge Baughman received Defendant Pollard's plea of guilty to Count 1 of the Indictment, and issued a Report and Recommendation ("R&R"), concerning whether the plea should be accepted and a finding of guilty entered.
Neither party submitted objections to the Magistrate Judge's R&R in the fourteen days after it was issued.
On de novo review of the record, the Magistrate Judge's R&R is adopted. Defendant Pollard is found to be competent to enter a plea and to understand his constitutional rights. He is aware of the charges and of the consequences of entering a plea. There is an adequate factual basis for the plea. The court finds the plea was entered knowingly, intelligently, and voluntarily. The plea agreement is approved.
Therefore, Defendant Pollard is adjudged guilty to Count 1 of the Indictment, in violation of Title 21 U. S. C. Section 846. This matter was referred to the U. S. Probation Department for the completion of a pre-sentence investigation and report. Sentencing will be on December 11, 2019, at 11:00 a.m. in Courtroom 17A, Carl B. Stokes United States Court House, 801 West Superior Avenue, Cleveland, Ohio.
IT IS SO ORDERED.
