United States v. Smith, 3:19-CR-112-TAV-HBG-1. (2019)
Court: District Court, E.D. Tennessee
Number: infdco20191113d79
Visitors: 15
Filed: Nov. 12, 2019
Latest Update: Nov. 12, 2019
Summary: ORDER THOMAS A. VARLAN , District Judge . This criminal case is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on October 17, 2019 (the "R&R") [Doc. 15]. In the R&R, Judge Guyton finds: 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, a
Summary: ORDER THOMAS A. VARLAN , District Judge . This criminal case is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on October 17, 2019 (the "R&R") [Doc. 15]. In the R&R, Judge Guyton finds: 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, ap..
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ORDER
THOMAS A. VARLAN, District Judge.
This criminal case is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on October 17, 2019 (the "R&R") [Doc. 15]. In the R&R, Judge Guyton finds: 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, apart from the promises in the plea agreement; the defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact. Judge Guyton recommends that defendant's guilty plea to the single count in the indictment be granted and accepted and that this Court adjudicate defendant guilty of the charge set forth in the indictment. Judge Guyton further recommends that defendant remain on release pursuant to the terms and conditions of the July 31, 2019 Order Setting Conditions of Release [Doc. 6] until sentencing in this matter. He states that the government does not oppose. There have been no timely objections to the R&R, and enough time has passed since the filing of the R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Fed. R. Crim. P. 51.
After a careful review of the R&R, the Court is in agreement with Judge Guyton's analysis and recommendation, which the Court adopts and incorporates into its ruling. Therefore, the Court ACCEPTS IN WHOLE the R&R [Doc. 15], and the Court ACCEPTS defendant's guilty plea to the single count in the indictment, ADJUDGES defendant guilty of the charge set forth in the indictment, and ORDERS that defendant will remain on release pursuant to the terms and conditions of the July 31, 2019 order [Doc. 6] until sentencing in this matter.
IT IS SO ORDERED.
Source: Leagle