United States v. Norman

Full title: UNITED STATES OF AMERICA v. JOSHUA J. NORMAN

Court: United States District Court, Eastern District of Tennessee

Date published: May 19, 2022

1:21-cr-0132-05 (E.D. Tenn. May. 19, 2022)

Opinion

1:21-cr-0132-05

05-19-2022

UNITED STATES OF AMERICA v. JOSHUA J. NORMAN

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 Four of the four-count Indictment; (2) accept Defendant's guilty plea to the lesser included offense of the charge in Count Four of the Indictment, that is, possession with intent to distribute a mixture and substance containing methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count Four of the Indictment, that is, possession with intent to distribute a mixture and substance containing methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C); (4) defer a decision on whether to accept the plea agreement (Doc. 51) until sentencing; and (5) Defendant's conditions of release were revoked and find Defendant shall remain in custody until sentencing in this matter. (Doc. 60). 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. 60) 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 Four of the four-count Indictment is GRANTED;

2. Defendant's plea of guilty to the lesser included offense of the charge in Count Four of the Indictment, that is, possession with intent to distribute a mixture and substance containing methamphetamine in violation of 21 U.S.C. §§ 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 Four of the Indictment, that is, possession with intent to distribute a mixture and substance containing methamphetamine in violation of 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 September 16, 2022 at 9:00 a.m. [EASTERN] before the undersigned.

SO ORDERED.