U.S. v. Bigerton, 1:17-cr-00153-TRM-CHS. (2018)
Court: District Court, E.D. Tennessee
Number: infdco20180412d84
Visitors: 15
Filed: Apr. 11, 2018
Latest Update: Apr. 11, 2018
Summary: ORDER TRAVIS R. McDONOUGH, JR. , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 26) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the one-count Indictment; (2) accept Defendant's guilty plea as to Count One of the one-count Indictment; (3) adjudicate Defendant guilty of possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B) and 2252A(b)(2); and (4) order
Summary: ORDER TRAVIS R. McDONOUGH, JR. , District Judge . U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 26) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the one-count Indictment; (2) accept Defendant's guilty plea as to Count One of the one-count Indictment; (3) adjudicate Defendant guilty of possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B) and 2252A(b)(2); and (4) order t..
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ORDER
TRAVIS R. McDONOUGH, JR., District Judge.
U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 26) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the one-count Indictment; (2) accept Defendant's guilty plea as to Count One of the one-count Indictment; (3) adjudicate Defendant guilty of possession of child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2252A(b)(2); and (4) order that Defendant remain out of custody subject to the Order Setting Conditions of Release (Doc. 8) pending further order of the 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. 26) 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 one-count Indictment is GRANTED;
2. Defendant's plea of guilty to Count One of the one-count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of possession of child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2252A(b)(2);
4. Defendant SHALL REMAIN OUT OF CUSTODY subject to the Order Setting Conditions of Release (Doc. 8) pending further order of the Court or sentencing in this matter; and
5. Defendant shall appear before the undersigned for sentencing on July 27, 2018, at 9:00 a.m.
SO ORDERED.
Source: Leagle