United States v. Fields

Full title: UNITED STATES OF AMERICA v. BRIAN FIELDS

Court: United States District Court, Eastern District of Tennessee

Date published: May 11, 2022

4:21-cr-022-04 (E.D. Tenn. May. 11, 2022)

Opinion

4:21-cr-022-04

05-11-2022

UNITED STATES OF AMERICA v. BRIAN FIELDS

TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

Susan K. Lee, Magistrate Judge

ORDER

TRAVIS R. MCDONOUGH UNITED STATES 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 eight-count Indictment; (2) accept Defendant's guilty plea to the lesser included offense of the charge in Count One of the Indictment, that is, conspiracy to distribute a mixture or substance containing methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(C); (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count One of the Indictment, that is, conspiracy to distribute a mixture or substance containing methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(C); (4) defer a decision on whether to accept the plea agreement (Doc. 163) until sentencing; and (5) Defendant's conditions of release were revoked and find Defendant shall remain in custody until sentencing in this matter. (Doc. 208). 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. 208) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

1. Defendant's motion to withdraw his not guilty plea to Count One of the eight-count 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, conspiracy to distribute a mixture or substance containing methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(C) is ACCEPTED;

3. Defendant is hereby ADJUDGED guilty of the lesser included offense of the charge in Count One of the Indictment, that is, conspiracy to distribute a mixture or substance containing methamphetamine in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(C);

4. A decision on whether to accept the 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 August 26, 2022 at 9:00 a.m. [EASTERN] before the undersigned.

SO ORDERED.