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United States v. Merchant, 1:18-cr-00255. (2019)

Court: District Court, W.D. Michigan Number: infdco20191203e08 Visitors: 3
Filed: Nov. 12, 2019
Latest Update: Nov. 12, 2019
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on November 12, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Allen Merchant entered a plea of guilty to Counts 1 and 2 of the Felony Information in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Felony Information, defendant is
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REPORT AND RECOMMENDATION

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on November 12, 2019, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Allen Merchant entered a plea of guilty to Counts 1 and 2 of the Felony Information in exchange for the undertakings made by the government in the written plea agreement. In Count 1 of the Felony Information, defendant is charged with possession of five grams or more of methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(viii); in Count 2 of the Felony Information, defendant is charged with possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A)(i).

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.

Accordingly, I recommend that defendant's plea of guilty to 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, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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