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U.S. v. Desjardins-Racine, 2:18-cr-45. (2019)

Court: District Court, W.D. Michigan Number: infdco20190423a83 Visitors: 20
Filed: Apr. 22, 2019
Latest Update: Apr. 22, 2019
Summary: REPORT AND RECOMMENDATION AND ORDER OF DETENTION 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 April 22, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Damien Edward Desjardins-Racine entered a plea of guilty to Count 1, charging defendant with Possession with Intent to Distribute 5 grams or more of Methamphetamine in violation of 21:841(a)(1), 21:841(b)(1)(
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REPORT AND RECOMMENDATION AND ORDER OF DETENTION

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on April 22, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Damien Edward Desjardins-Racine entered a plea of guilty to Count 1, charging defendant with Possession with Intent to Distribute 5 grams or more of Methamphetamine in violation of 21:841(a)(1), 21:841(b)(1)(B)(viii), 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 Count 1 be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of 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.

IT IS ORDERED that pursuant to 18 U.S.C. § 3143, Defendant is ordered into custody pending further proceedings.

Source:  Leagle

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