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U.S. v. Raitch, 1:18-cr-114. (2019)

Court: District Court, E.D. Tennessee Number: infdco20190129d07 Visitors: 19
Filed: Jan. 08, 2019
Latest Update: Jan. 08, 2019
Summary: REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on January 7, 2019. At the hearing, Defendant entered a plea of guilty to a lesser included offense of Count One of the twenty count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowin
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REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on January 7, 2019. At the hearing, Defendant entered a plea of guilty to a lesser included offense of Count One of the twenty count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; it is made voluntarily and free from any force, threats, or promises; Defendant understands the nature of the charges and penalties provided by law; and the plea has a sufficient basis in fact. Acceptance of the plea, adjudication of guilt, acceptance of the Plea Agreement [Docs. 88, 92], and imposition of sentence are specifically reserved for the District Court Judge.

I therefore recommend that the Court: (1) grant Defendant's motion to withdraw her not guilty plea to a lesser included offense of Count One of the twenty count Indictment; (2) accept Defendant's guilty plea to a lesser included offense of Count One of the twenty count Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute and possess with intent to distribute five grams or more of methamphetamine (actual) and fifty grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) and 846; and (4) order that Defendant remain in custody until further order of this Court or sentencing in this matter.

The Defendant's sentencing hearing is scheduled before the Honorable District Judge Travis R. McDonough on May 3, 2019, at 2:00 p.m.

Source:  Leagle

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