USA v. Weldon, 1:17-cr-23-6. (2018)
Court: District Court, E.D. Tennessee
Number: infdco20180130h39
Visitors: 3
Filed: Jan. 29, 2018
Latest Update: Jan. 29, 2018
Summary: ORDER CURTIS L. COLLIER , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 240) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the thirteen-count Superseding Indictment; (2) accept Defendant's guilty plea to Count One of the thirteen-count Superseding Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute and possess with intent to distribute more than 50
Summary: ORDER CURTIS L. COLLIER , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 240) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the thirteen-count Superseding Indictment; (2) accept Defendant's guilty plea to Count One of the thirteen-count Superseding Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute and possess with intent to distribute more than 500..
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ORDER
CURTIS L. COLLIER, District Judge.
United States Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 240) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the thirteen-count Superseding Indictment; (2) accept Defendant's guilty plea to Count One of the thirteen-count Superseding Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute and possess with intent to distribute more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine in violation of Title 21 United States Code §§ 841(a)(1), 841(b)(1)(A) and 846; and (4) order that Defendant remain in custody until further order of this Court or sentencing in this matter. Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 240) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea as to Count One of the thirteen-count Superseding Indictment is GRANTED;
2. Defendant's plea of guilty to Count One of the thirteen-count Superseding Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of conspiracy to distribute and possess with intent to distribute more than 500 grams of a mixture and substance containing a detectable amount of methamphetamine in violation of Title 21 United States Code §§ 841(a)(1), 841(b)(1)(A) and 846;
4. A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
5. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place on May 23, 2018, at 2:00 p.m. before the undersigned.
SO ORDERED.
Source: Leagle