United States v. Kitchens, 1:18-cr-114. (2019)
Court: District Court, E.D. Tennessee
Number: infdco20190905d17
Visitors: 7
Filed: Sep. 04, 2019
Latest Update: Sep. 04, 2019
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 201) recommending that the Court: (1) grant Defendant's motion to withdraw his not-guilty plea to Counts One and Eleven of the twenty-count Indictment; (2) accept Defendant's guilty plea to Counts One and Eleven of the twenty-count Indictment; (3) adjudicate Defendant guilty of Count One—conspiracy to distribute and possess with intent to distribute fifty grams or
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 201) recommending that the Court: (1) grant Defendant's motion to withdraw his not-guilty plea to Counts One and Eleven of the twenty-count Indictment; (2) accept Defendant's guilty plea to Counts One and Eleven of the twenty-count Indictment; (3) adjudicate Defendant guilty of Count One—conspiracy to distribute and possess with intent to distribute fifty grams or ..
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ORDER
TRAVIS R. McDONOUGH, District Judge.
U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 201) recommending that the Court: (1) grant Defendant's motion to withdraw his not-guilty plea to Counts One and Eleven of the twenty-count Indictment; (2) accept Defendant's guilty plea to Counts One and Eleven of the twenty-count Indictment; (3) adjudicate Defendant guilty of Count One—conspiracy to distribute and possess with intent to distribute fifty grams or more of methamphetamine (actual) and five hundred grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846; (4) adjudicate Defendant guilty of Count Eleven—possession of a firearm in furtherance of a drug-trafficking offense in violation of 18 U.S.C. § 924(c); and (5) order that Defendant remain in custody until sentencing or further order of this Court.
After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 201) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not-guilty plea to Counts One and Eleven of the twenty-count Indictment is GRANTED;
2. Defendant's plea of guilty to Counts One and Eleven of the twenty-count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of Count One—conspiracy to distribute and possess with intent to distribute fifty grams or more of methamphetamine (actual) and five hundred grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846;
4. Defendant is hereby ADJUDGED guilty of Count Eleven— possession of a firearm in furtherance of a drug-trafficking offense in violation of 18 U.S.C. § 924(c); and
5. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place before the undersigned on December 13, 2019, at 2:00 p.m.
SO ORDERED.
Source: Leagle
