United States v. Brock, 1:19-cr-102. (2020)
Court: District Court, E.D. Tennessee
Number: infdco20200121j38
Filed: Jan. 17, 2020
Latest Update: Jan. 17, 2020
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 Counts One and Two of the two-count Indictment; (2) accept Defendant's guilty plea to Count One and to the lesser-included offense of the charge, in Count Two of the Indictment, of conspiracy to distribute fifty grams or more of a mixture and substance containing a detectable amount of me
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 Counts One and Two of the two-count Indictment; (2) accept Defendant's guilty plea to Count One and to the lesser-included offense of the charge, in Count Two of the Indictment, of conspiracy to distribute fifty grams or more of a mixture and substance containing a detectable amount of met..
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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 Counts One and Two of the two-count Indictment; (2) accept Defendant's guilty plea to Count One and to the lesser-included offense of the charge, in Count Two of the Indictment, of conspiracy to distribute fifty 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. §§ 846, 841(a)(1), and 841(b)(1)(B); (3) adjudicate the Defendant guilty of Count One and of the lesser-included, offense of the charge, in Count Two of the Indictment, of conspiracy to distribute fifty 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. §§ 846, 841(a)(1), and 841(b)(1)(B); (4) defer a decision on whether to accept the revised plea agreement (Doc. 61) until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter. (Doc. 64).
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. 64) 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 and Count Two of the Indictment is GRANTED;
2. Defendant's plea of guilty to Count One and to the lesser-included offense of the charge in Count Two of the Indictment of conspiracy to distribute fifty 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. §§ 846, 841(a)(1), and 841(b)(1)(B) is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty to Count One and to the lesser-included offense of the charge in Count Two of the Indictment of conspiracy to distribute 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. §§ 846, 841(a)(1), and 841(b)(1)(B);
4. A decision on whether to accept the revised 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 May 1, 2020 at 2:00 p.m. [EASTERN] before the undersigned.
SO ORDERED.
Source: Leagle