U.S. v. Talley, 4:18-cr-12. (2018)
Court: District Court, E.D. Tennessee
Number: infdco20180807i00
Visitors: 8
Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 47) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to a lesser included offense of Count One of the ten-count Indictment; (2) accept Defendant's guilty plea as to a lesser included offense of Count One of the ten-count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute a mixture and substance cont
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 47) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to a lesser included offense of Count One of the ten-count Indictment; (2) accept Defendant's guilty plea as to a lesser included offense of Count One of the ten-count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute a mixture and substance conta..
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ORDER
TRAVIS R. McDONOUGH, District Judge.
U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 47) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to a lesser included offense of Count One of the ten-count Indictment; (2) accept Defendant's guilty plea as to a lesser included offense of Count One of the ten-count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute a mixture and substance containing a detectable amount of cocaine base, also known as "crack," a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846; and (4) order that Defendant remain in custody until sentencing in this matter.
Neither party filed a timely objection to the report and recommendation. 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. 47) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea as to a lesser included offense of Count One of the ten-count Indictment is GRANTED;
2. Defendant's plea of guilty to a lesser included offense of Count One of the ten-count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of conspiracy to distribute a mixture and substance containing a detectable amount of cocaine base, also known as "crack," a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846; and
4. Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on October 19, 2018, at 9:00 a.m. before the undersigned.
SO ORDERED.
Source: Leagle
