U.S. v. Smith, 1:18-cr-00111. (2019)
Court: District Court, E.D. Tennessee
Number: infdco20190205f00
Filed: Feb. 04, 2019
Latest Update: Feb. 04, 2019
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 21] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Two of the four count Indictment; (2) accept Defendant's guilty plea to Counts One and Two of the four count Indictment; (3) adjudicate Defendant guilty of possession with intent to distribute a mixture and substance containing a detectable amou
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . United States Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 21] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Two of the four count Indictment; (2) accept Defendant's guilty plea to Counts One and Two of the four count Indictment; (3) adjudicate Defendant guilty of possession with intent to distribute a mixture and substance containing a detectable amoun..
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ORDER
TRAVIS R. McDONOUGH, District Judge.
United States Magistrate Judge Christopher H. Steger filed a report and recommendation [Doc. 21] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Two of the four count Indictment; (2) accept Defendant's guilty plea to Counts One and Two of the four count Indictment; (3) adjudicate Defendant guilty of possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); (4) adjudicate Defendant guilty of possession of a firearm in furtherance of a drug-trafficking crime for which he may be prosecuted in a Court of the United States (that is, possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine, as charged in Court One of the Indictment) in violation of 18 U.S.C. § 924(c)(1)(A); and (5) order that Defendant remain in custody until further order of this Court or sentencing in this matter.
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. 21] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea to Counts One and Two of the four count Indictment is GRANTED;
2. Defendant's plea of guilty to Counts One and Two of the four count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C);
4. Defendant is hereby ADJUDGED guilty of possession of a firearm in furtherance of a drug-trafficking crime for which he may be prosecuted in a Court of the United States (that is, possession with intent to distribute a mixture and substance containing a detectable amount of methamphetamine, as charged in Court One of the Indictment) in violation of 18 U.S.C. § 924(c)(1)(A); 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 April 19, 2018, at 9:00 a.m. before the undersigned.
SO ORDERED.
Source: Leagle
