U.S. v. SHELTON, 1:14-cr-88-CLC-SKL. (2015)
Court: District Court, E.D. Tennessee
Number: infdco20150414b95
Visitors: 21
Filed: Apr. 10, 2015
Latest Update: Apr. 10, 2015
Summary: ORDER CURTIS L. COLLIER , 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 Count One of the one count Indictment (2) accept Defendant's plea of guilty to the lesser included offense of the charge in Count One, that is of possession with intent to distribute a mixture and substance containing a detectable amount of cocaine base ("crack"), a Schedule II controlled substance
Summary: ORDER CURTIS L. COLLIER , 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 Count One of the one count Indictment (2) accept Defendant's plea of guilty to the lesser included offense of the charge in Count One, that is of possession with intent to distribute a mixture and substance containing a detectable amount of cocaine base ("crack"), a Schedule II controlled substance,..
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ORDER
CURTIS L. COLLIER, 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 Count One of the one count Indictment (2) accept Defendant's plea of guilty to the lesser included offense of the charge in Count One, that is of possession with intent to distribute a mixture and substance containing a detectable amount of cocaine base ("crack"), a Schedule II controlled substance, in violation of 21 USC §§ 841(a)(1) and 841(b)(1)(C); (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count One, that is of possession with intent to distribute a mixture and substance containing a detectable amount of cocaine base ("crack"), a Schedule II controlled substance, in violation of 21 USC §§ 841(a)(1) and 841(b)(1)(C); (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 (Court File No. 25). 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 (Court File No. 25) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw her not guilty plea to Count One of the Indictment is GRANTED;
(2) Defendant's plea of guilty to the lesser included offense of the charge in Count One, that is of possession with intent to distribute a mixture and substance containing a detectable amount of cocaine base ("crack"), a Schedule II controlled substance, in violation of 21 USC §§ 841(a)(1) and 841(b)(1)(C) is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the lesser included offense of the charge in Count One, that is of possession with intent to distribute a mixture and substance containing a detectable amount of cocaine base ("crack"), a Schedule II controlled substance, in violation of 21 USC §§ 841(a)(1) and 841(b)(1)(C);
(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, May 21, 2015 at 2:00 .m. [EASTERN] before the Honorable Curtis L. Collier.
SO ORDERED.
Source: Leagle
