United States v. Moore

Full title: UNITED STATES OF AMERICA v. TAURUS MOORE

Court: United States District Court, Eastern District of Tennessee

Date published: May 8, 2023

1:22-cr-056-9 (E.D. Tenn. May. 8, 2023)

Opinion

1:22-cr-056-9

05-08-2023

UNITED STATES OF AMERICA v. TAURUS MOORE

TRAVIS R. MCDONOUGH, JUDGE

SUSAN K. LEE, MAGISTRATE JUDGE

ORDER

TRAVIS R. MCDONOUGH, 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 four-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 and substance containing a detectable amount of fentanyl, 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 and substance containing a detectable amount of fentanyl, 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. 193) until sentencing; and (5) order that Defendant remain in custody until sentencing in this matter (Doc. 215). 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. 215) 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 four-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 and substance containing a detectable amount of fentanyl, 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 and substance containing a detectable amount of fentanyl, 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 September 1, 2023 at 9:00 a.m. [EASTERN] before the undersigned.

SO ORDERED.