United States v. Johnson

Full title: UNITED STATES OF AMERICA v. JASON JOHNSON

Court: United States District Court, Eastern District of Tennessee

Date published: May 25, 2023

1:19-cr-129-1 (E.D. Tenn. May. 25, 2023)

Opinion

1:19-cr-129-1

05-25-2023

UNITED STATES OF AMERICA v. JASON JOHNSON

TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

Magistrate Judge Susan K. Lee

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 and Count Three of the three-count Superseding Indictment; (2) accept Defendant's plea of guilty to Count One and to the lesser included offense of the charge in Count Three, that is, possession with intent to distribute 5 grams or more of methamphetamine (actual), in violation of title 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B); (3) adjudicate the Defendant guilty to Count One and to the lesser included offense of the charge in Count Three, that is, possession with intent to distribute 5 grams or more of methamphetamine (actual), in violation of title 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B); (4) defer a decision on whether to accept the corrected plea agreement (Doc. 343) until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter. (Doc. 348.) 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. 348) 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 Three of the Superseding Indictment is GRANTED;

2. Defendant's plea of guilty to Count One and to the lesser included offense of the charge in Count Three, that is, possession with intent to distribute 5 grams or more of methamphetamine (actual), in violation of title 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) is ACCEPTED;

3. Defendant is hereby ADJUDGED guilty of Count One and to the lesser included offense of the charge in Count Three, that is, possession with intent to distribute 5 grams or more of methamphetamine (actual), in violation of title 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B);

4. A decision on whether to accept the corrected 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 September 1, 2023 at 2:00 p.m. [EASTERN] before the undersigned.

SO ORDERED.