United States v. Shumate, 3:19-CR-212. (2020)
Court: District Court, E.D. Tennessee
Number: infdco20200316808
Visitors: 44
Filed: Mar. 11, 2020
Latest Update: Mar. 11, 2020
Summary: ORDER PAMELA L. REEVES , Chief District Judge . Magistrate Judge C. Clifford Shirley filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to the charge set forth in the Indictment; (2) accept Defendant's plea of guilty to the charge set forth in the Indictment, that is, of knowingly possessing, in and affecting interstate commerce, a firearm and ammunition while also knowing that he had previously been convicted in a court o
Summary: ORDER PAMELA L. REEVES , Chief District Judge . Magistrate Judge C. Clifford Shirley filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to the charge set forth in the Indictment; (2) accept Defendant's plea of guilty to the charge set forth in the Indictment, that is, of knowingly possessing, in and affecting interstate commerce, a firearm and ammunition while also knowing that he had previously been convicted in a court of..
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ORDER
PAMELA L. REEVES, Chief District Judge.
Magistrate Judge C. Clifford Shirley filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to the charge set forth in the Indictment; (2) accept Defendant's plea of guilty to the charge set forth in the Indictment, that is, of knowingly possessing, in and affecting interstate commerce, a firearm and ammunition while also knowing that he had previously been convicted in a court of a crime punishable by a term of imprisonment exceeding one year, in violation of 18 U.S.C. § 922(g)(1); (3) adjudicate Defendant guilty of the charge set forth in the Indictment; and (4) find Defendant shall remain in custody until sentencing in this matter [R. 15]. Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with the magistrate judge's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation [R. 15] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
(1) Defendant's motion to withdraw his not guilty plea to the charge set forth in the Indictment is GRANTED;
(2) Defendant's plea of guilty to the charge set forth in the Indictment, that is, of knowingly possessing, in and affecting interstate commerce, a firearm and ammunition while also knowing that he had previously been convicted in a court of a crime punishable by a term of imprisonment exceeding one year, in violation of 18 U.S.C. § 922(g)(1), is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charge set forth in the Indictment;
(4) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on June 3, 2020, at 1:30 p.m. before the Honorable Pamela L. Reeves, United States District Judge.
SO ORDERED.
Source: Leagle
