U.S. v. HOWARD, 1:13-cr-40. (2013)
Court: District Court, E.D. Tennessee
Number: infdco20130705d38
Visitors: 17
Filed: Jul. 03, 2013
Latest Update: Jul. 03, 2013
Summary: ORDER HARRY S. MATTICE, Jr., District Judge. Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts Two and Three of the three-count Superseding Indictment; (2) accept Defendant's plea of guilty to Counts Two and Three of the Superseding Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts Two and Three of the Superseding Indictment; (4) defer a decision on whether
Summary: ORDER HARRY S. MATTICE, Jr., District Judge. Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts Two and Three of the three-count Superseding Indictment; (2) accept Defendant's plea of guilty to Counts Two and Three of the Superseding Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts Two and Three of the Superseding Indictment; (4) defer a decision on whether ..
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ORDER
HARRY S. MATTICE, Jr., District Judge.
Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts Two and Three of the three-count Superseding Indictment; (2) accept Defendant's plea of guilty to Counts Two and Three of the Superseding Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts Two and Three of the Superseding Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find Defendant shall remain in custody until sentencing in this matter [Doc. 27]. Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with the magistrate judge's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation [Doc. 27] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to Counts Two and Three of the Superseding Indictment is GRANTED;
(2) Defendant's plea of guilty to Counts Two and Three of the Superseding Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Counts Two and Three of the Superseding Indictment;
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Monday, September 9, 2013 at 2:00 p.m. [EASTERN] before the Honorable Harry S. Mattice, Jr.
SO ORDERED.
Source: Leagle
