U.S. v. Harbison

Full title: UNITED STATES OF AMERICA v. DESHAWN HARBISON

Court: United States District Court, E.D. Tennessee, at Chattanooga

Date published: Jun 30, 2011

Case No. 1-11-CR-14 (E.D. Tenn. Jun. 30, 2011)

Opinion

Case No. 1-11-CR-14.

June 30, 2011

ORDER

CURTIS COLLIER, District Judge

Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw her not guilty plea to Count One of the three-count Superseding Indictment (2) accept Defendant's plea of guilty to the lesser included offense of the charge in Count One, that is of conspiracy to distribute a mixture and substance containing cocaine base "crack," in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C); (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count One, that is of conspiracy to distribute a mixture and substance containing cocaine base "crack," in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C); (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) allow Defendant to remain on bond under appropriate conditions of release pending sentencing in this matter (Court File No. 41). Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with the magistrate judge's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Court File No. 41) pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's motion to withdraw her not guilty plea to Count One of the Superseding Indictment is GRANTED;

(2) Defendant's plea of guilty to the lesser included offense of the charge in Count One, that is of conspiracy to distribute a mixture and substance containing cocaine base "crack," in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C) is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the lesser included offense of the charge in Count One, that is of conspiracy to distribute a mixture and substance containing cocaine base "crack," in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C);

(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and

(5) Defendant SHALL REMAIN on bond under appropriate conditions of release pending sentencing in this matter, which is scheduled to take place on Thursday, October 6, 2011 at 2:00 p.m. before the Honorable Curtis L. Collier.

SO ORDERED.