United States v. McFarlane

Full title: UNITED STATES OF AMERICA v. MARTIN DREW MCFARLANE

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA

Date published: Dec 15, 2017

Case No. 4:17-cr-31 (E.D. Tenn. Dec. 15, 2017)

Opinion

Case No. 4:17-cr-31

12-15-2017

UNITED STATES OF AMERICA v. MARTIN DREW MCFARLANE

Magistrate Judge Christopher H. Steger

District Judge Harry S. Mattice REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 14, 2017. At the hearing, Defendant entered a plea of guilty to Count One of the two count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; it is made voluntarily and free from any force, threats, or promises; Defendant understands the nature of the charges and penalties provided by law; and the plea has a sufficient basis in fact. Acceptance of the plea, adjudication of guilt, acceptance of the Plea Agreement, and imposition of sentence are specifically reserved for the District Court Judge.

I therefore recommend that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One of the two count Indictment; (2) accept Defendant's guilty plea to Count One of the two count Indictment; (3) adjudicate Defendant guilty of Transportation of Child Pornography, in violation of 18 United States Code § 2552A(a)(1) and (2); and (4) order that Defendant remain out of custody subject to the Order Setting Conditions of Release [Doc. 9] until sentencing in this matter.

The Defendant's sentencing hearing is scheduled on March 26, 2018, at 9:00 a.m.

ENTER.

/s/_________

United States Magistrate Judge

NOTICE TO PARTIES

You have the right to de novo review by the district judge of the foregoing findings. Any application for review must be in writing; must specify the portions of the findings or proceedings objected to; and must be filed and served no later than fourteen (14) days after the plea hearing. Failure to file objections within fourteen days constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).