United States v. Lance

Full title: UNITED STATES OF AMERICA v. EALION LEE LANCE

Court: United States District Court, Eastern District of Tennessee

Date published: Jan 30, 2024

1:22-cr-81 (E.D. Tenn. Jan. 30, 2024)

Opinion

1:22-cr-81

01-30-2024

UNITED STATES OF AMERICA v. EALION LEE LANCE

CHARLES E. ATCHLEY, JR. UNITED STATES DISTRICT JUDGE

Lee Magistrate Judge

ORDER

CHARLES E. ATCHLEY, JR. UNITED STATES DISTRICT JUDGE

Magistrate Judge Susan K. Lee filed a report and recommendation [Doc. 49] recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count Five and Count Six of the six-count Indictment; (2) accept Defendant's plea of guilty to the lesser included offense of the charge in Count Five, that is, possession with intent to distribute methamphetamine (actual), in violation of Title 21 U.S.C. §§ 841(a)(1), and 841(b)(1)(C) and to Count Six; (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count Five, that is, possession with intent to distribute methamphetamine (actual), in violation of Title 21 U.S.C. §§ 841(a)(1), and 841(b)(1)(C) and of Count Six; (4) defer a decision on whether to accept the plea agreement [Doc. 43] until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter. [Doc. 49]. 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. 49] 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 Five and Count Six of the Indictment is GRANTED;

2. Defendant's plea of guilty to the lesser included offense of the charge in Count Five, that is, possession with intent to distribute methamphetamine (actual), in violation of Title 21 U.S.C. §§ 841(a)(1), and 841(b)(1)(C), and to Count Six is ACCEPTED;

3. Defendant is hereby ADJUDGED guilty of Count Six and of the lesser included offense of the charge in Count Five, that is, possession with intent to distribute methamphetamine (actual), in violation of Title 21 U.S.C. §§ 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 May 9, 2024 at 10:00 a.m. [EASTERN] before the undersigned.

SO ORDERED.