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United States v. Paliani, 1:19-cr-38-HSM-SKL. (2019)

Court: District Court, E.D. Tennessee Number: infdco20191107e79 Visitors: 5
Filed: Oct. 23, 2019
Latest Update: Oct. 23, 2019
Summary: REPORT AND RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on October 17, 2019. At the hearing, defendant moved to withdraw his not guilty plea to Count Two of the two-count Indictment and entered a plea of guilty to Count Two of the Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the ple
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REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on October 17, 2019. At the hearing, defendant moved to withdraw his not guilty plea to Count Two of the two-count Indictment and entered a plea of guilty to Count Two of the Indictment. There is no plea agreement in this case. On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by defendant; the plea is made voluntarily and free from any force, threats, or promises, the defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.

Therefore, I RECOMMEND defendant's motion to withdraw his not guilty plea to Count Two be granted, his plea of guilty to Count Two of the Indictment be accepted, and the Court adjudicate defendant guilty of the charges set forth in Count Two of the Indictment. Defendant filed a motion to remain on bond after entry of his plea pending sentencing [Doc. 23]. The Government had no objection to Defendant remaining on bond pending sentencing. I find exceptional reasons are present in this matter. Therefore, Defendant's motion to remain on bond pending sentencing is GRANTED [Doc. 23] and a separate Order has been entered on the record. I further RECOMMEND Defendant remain on bond until sentencing in this matter. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.

NOTICE TO PARTIES

You have the right to de novo review of the foregoing findings by the district judge. Any application for review must be in writing, must specify the portions of the findings or proceedings objected to, and must be filed and served no later than fourteen days after the plea hearing. Failure to file objections within fourteen days constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. §636(b).

Source:  Leagle

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