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U.S. v. McClellan, 5:18CR34-12. (2018)

Court: District Court, N.D. Ohio Number: infdco20180924c34 Visitors: 20
Filed: Sep. 21, 2018
Latest Update: Sep. 21, 2018
Summary: ORDER SARA LIOI , District Judge . This matter is before the Court upon Magistrate Judge Kathleen B. Burke's report and recommendation that the Court ACCEPT Defendant David McClellan ("Defendant") plea of guilty and enter a finding of guilty against defendant. (Doc. No. 133.) On January 17, 2018, the government filed an indictment against defendant. (Doc. No. 1.) On July 9, 2018, this Court issued an order assigning this case to Magistrate Judge Burke for the purpose of receiving defendant
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ORDER

This matter is before the Court upon Magistrate Judge Kathleen B. Burke's report and recommendation that the Court ACCEPT Defendant David McClellan ("Defendant") plea of guilty and enter a finding of guilty against defendant. (Doc. No. 133.)

On January 17, 2018, the government filed an indictment against defendant. (Doc. No. 1.) On July 9, 2018, this Court issued an order assigning this case to Magistrate Judge Burke for the purpose of receiving defendant's guilty plea. (Doc. No. 114.)

On July 25, 2018, a hearing was held in which defendant entered a plea of guilty to count 39 of the indictment, charging him with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, in violation of 21 U.S.C. Section 846. Magistrate Judge Burke received defendant's guilty plea and issued a Report and Recommendation ("R&R") recommending that this Court accept the plea and enter a finding of guilty. (Doc. No. 133.)

Neither party objected to the Magistrate Judge's R&R in the fourteen days after it was issued.

Upon de novo review of the record, the Magistrate Judge's R&R is ADOPTED. Specifically, the Court finds as follows: that the defendant is competent to enter a plea, that he understands his constitutional rights, that he is aware of the consequences of entering a plea, and that there is an adequate factual basis for the plea. The Court further finds that the plea was entered knowingly, intelligently, and voluntarily. Accordingly, the defendant's plea of guilty is APPROVED.

Therefore, the defendant is adjudged guilty of count 39 in violation of 21 U.S.C. Section 846. The sentencing will be held on November 7, 2018 at 11:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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