U.S. v. Smith

Full title: UNITED STATES OF AMERICA v. MITCHELL SMITH

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

Date published: Jun 10, 2011

Case No. 1:11-cr-13 (E.D. Tenn. Jun. 10, 2011)

Opinion

Case No. 1:11-cr-13.

June 10, 2011

ORDER

HARRY MATTICE JR., District Judge

Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Counts One and Two of the twocount Indictment; (2) accept Defendant's plea of guilty to Counts One and Two of the Indictment; (3) adjudicate Defendant guilty of the charges set forth in Counts One and Two of the Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find Defendant shall remain in custody until sentencing in this matter [Doc. 16]. 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 [Doc. 16] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's motion to withdraw his not guilty plea to Counts One and Two of the Indictment is GRANTED;

(2) Defendant's plea of guilty to Counts One and Two of the Indictment is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Counts One and Two of the Indictment;

(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 Monday, August 22, 2011 at 9:00 a.m. before the Honorable Harry S. Mattice, Jr.

SO ORDERED.