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United States v. Beard, 1:19-cr-108. (2019)

Court: District Court, E.D. Tennessee Number: infdco20191216d93 Visitors: 15
Filed: Nov. 27, 2019
Latest Update: Nov. 27, 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 November 25, 2019. At the hearing, Defendant entered a plea of guilty to Counts One and Two of the two count Superseding Information. 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 w
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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 November 25, 2019. At the hearing, Defendant entered a plea of guilty to Counts One and Two of the two count Superseding Information. 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 [Doc. 14], and imposition of sentence are specifically reserved for the District Court Judge.

I therefore recommend that the Court: (1) accept Defendant's guilty plea to Counts One and Two of the two count Superseding Information; (2) adjudicate Defendant guilty of possession with intent to distribute marijuana, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D); (3) adjudicate Defendant guilty of possession of a firearm in furtherance of a drug trafficking crime for which Defendant may be prosecuted in a court of the United States, in violation of 18 U.S.C. 924(c)(1)(A)(i); and (4) order that Defendant remain in custody pending further order of this Court.

The Defendant's sentencing hearing is scheduled before the District Judge on March 27, 2020, at 9:00 a.m.

NOTICE TO PARTIES

You have the right to de novo review by the district judge of the foregoing findings. 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 (14) 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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