U.S. v. Knight

Full title: UNITED STATES OF AMERICA v. KENNETH W. KNIGHT

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

Date published: Dec 7, 2007

Case No. 1:07-CR-27 (E.D. Tenn. Dec. 7, 2007)

Opinion

Case No. 1:07-CR-27.

December 7, 2007

REPORT AND RECOMMENDATION

WILLIAM CARTER, Magistrate Judge

Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on December 7, 2007. At the hearing, defendant Kenneth W. Knight entered a plea of guilty to Count One, knowingly possessing in and affecting commerce, firearms and ammunition in violation of 18 U.S.C. § 22(g)(1) and Count Two, knowingly, intentionally, and without authority possessing with the intent to distribute fifty (50) grams or more of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find that the defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to Count One, knowingly possessing in and affecting commerce, firearms and ammunition in violation of 18 U.S.C. § 22(g)(1) and Count Two, knowingly, intentionally, and without authority possessing with the intent to distribute fifty (50) grams or more of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), that the Court adjudicate defendant guilty of the charges set forth in Count One of the Indictment, and that the written plea agreement be accepted at the time of sentencing. I further recommend that defendant remain in custody until sentencing in this matter. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.

The defendant's sentencing date is scheduled for Thursday, March 20, 2008, at 9:00 am.

NOTICE TO PARTIES

You have the right to de novo review of the foregoing findings by the district judge. 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 ten days after the plea hearing. Failure to file objections within ten days constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).