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U.S. v. PRESTON, 2:12-cr-12-08. (2013)

Court: District Court, W.D. Michigan Number: infdco20130625a60 Visitors: 29
Filed: May 22, 2013
Latest Update: May 22, 2013
Summary: REPORT AND RECOMMENDATION TIMOTHY P. GREELEY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on May 22, 2013, after receiving the written consent of defendant and all counsel. At the hearing, defendant ELLIOTT LEE PRESTON entered a plea of guilty to the one count Second Superseding Felony Information, charging defendant with Conspiracy to Distribute and Possess with Intent to Distribute 100 Grams or More of a Mixture or Substance Contai
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REPORT AND RECOMMENDATION

TIMOTHY P. GREELEY, Magistrate Judge.

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on May 22, 2013, after receiving the written consent of defendant and all counsel. At the hearing, defendant ELLIOTT LEE PRESTON entered a plea of guilty to the one count Second Superseding Felony Information, charging defendant with Conspiracy to Distribute and Possess with Intent to Distribute 100 Grams or More of a Mixture or Substance Containing Heroin, in violation of 21 U.S.C. § 846, 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(B)(i), in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to the one count Second Superseding Felony Information be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. It is further recommended that defendant remain detained pending sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, determination of defendant's status pending sentencing, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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