U.S. v. WELCH, 1:12-cr-129-HSM-SKL. (2014)
Court: District Court, E.D. Tennessee
Number: infdco20140319c23
Visitors: 14
Filed: Feb. 20, 2014
Latest Update: Feb. 20, 2014
Summary: REPORT AND RECOMMENDATION SUSAN K. LEE, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on February 18, 2014. At the hearing, defendant moved to withdraw his not guilty plea to Counts One and Two of the six-count Second Superseding Indictment and entered a plea of guilty to Counts One and Two of the Second Superseding Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capab
Summary: REPORT AND RECOMMENDATION SUSAN K. LEE, Magistrate Judge. Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on February 18, 2014. At the hearing, defendant moved to withdraw his not guilty plea to Counts One and Two of the six-count Second Superseding Indictment and entered a plea of guilty to Counts One and Two of the Second Superseding Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capabl..
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REPORT AND RECOMMENDATION
SUSAN K. LEE, Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on February 18, 2014. At the hearing, defendant moved to withdraw his not guilty plea to Counts One and Two of the six-count Second Superseding Indictment and entered a plea of guilty to Counts One and Two of the Second Superseding Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by defendant; the plea is made voluntarily and free from any force, threats, or promises, the defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
Therefore, I RECOMMEND defendant's motion to withdraw his not guilty plea to Counts One and Two be granted, his plea of guilty to Counts One and Two of the Second Superseding Indictment be accepted, and the Court adjudicate defendant guilty of the charges set forth in Counts One and Two of the Second Superseding Indictment. I further RECOMMEND defendant remain in custody until sentencing in this matter. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.
Source: Leagle
