Filed: Dec. 23, 2019
Latest Update: Dec. 23, 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 December 18, 2019. At the hearing, Defendant entered a plea of guilty to Count Six and a lesser included offense of Count One of the six count Indictment. 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 i
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 December 18, 2019. At the hearing, Defendant entered a plea of guilty to Count Six and a lesser included offense of Count One of the six count Indictment. 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..
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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 December 18, 2019. At the hearing, Defendant entered a plea of guilty to Count Six and a lesser included offense of Count One of the six count Indictment. 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, and imposition of sentence are specifically reserved for the United States District Judge.
I therefore recommend that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count Six and a lesser included offense of Count One of the six count Indictment; (2) accept Defendant's guilty plea to Count Six and a lesser included offense of Count One of the six count Indictment; (3) adjudicate Defendant guilty of a lesser included offense of Count One— conspiracy to distribute and possess with intent to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) and 846, and Count 6—possession with intent to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), and 18 U.S.C. § 2; and (4) order that Defendant remain in custody pending sentencing or further order of this Court.
The Defendant's sentencing hearing is scheduled before the Honorable District Judge Travis R. McDonough on April 17, 2020, at 2:00 p.m.
