United States v. Smith, 1:18-cr-180. (2019)
Court: District Court, E.D. Tennessee
Number: infdco20191231d03
Visitors: 3
Filed: Dec. 30, 2019
Latest Update: Dec. 30, 2019
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the four-count Indictment; (2) accept Defendant's guilty plea as to the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute methamphetamine in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(C), and 846; (3) adjudicate the
Summary: ORDER TRAVIS R. McDONOUGH , District Judge . Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the four-count Indictment; (2) accept Defendant's guilty plea as to the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute methamphetamine in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(C), and 846; (3) adjudicate the D..
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ORDER
TRAVIS R. McDONOUGH, District Judge.
Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the four-count Indictment; (2) accept Defendant's guilty plea as to the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846; (3) adjudicate the Defendant guilty of the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846; (4) defer a decision on whether to accept the amended plea agreement [Doc. 172] until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter (Doc. 182). Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 182) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant's motion to withdraw his not guilty plea as to Count One of the Indictment is GRANTED;
2. Defendant's plea of guilty to the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846 is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846;
4. A decision on whether to accept the amended plea agreement is DEFERRED until sentencing; and
5. Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on March 6, 2020 at 9:00 a.m. [EASTERN] before the undersigned.
SO ORDERED.
Source: Leagle
