United States v. Ashworth

Full title: UNITED STATES OF AMERICA v. JESSE ANDREW ASHWORTH

Court: United States District Court, Eastern District of Tennessee

Date published: Mar 7, 2022

1:21-cr-00105 (E.D. Tenn. Mar. 7, 2022)

Opinion

1:21-cr-00105

03-07-2022

UNITED STATES OF AMERICA v. JESSE ANDREW ASHWORTH

TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

Christopher H. Steger Magistrate Judge

ORDER

TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

U.S. Magistrate Judge Christopher H. Steger filed a report and recommendation (Doc. 154) recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea to Count One (lesser included offense) and Count Twelve of the sixteen count First Superseding Indictment; (2) accept Defendant's guilty plea to Count One (lesser included offense) and Count Twelve of the sixteen count First Superseding Indictment; (3) adjudicate Defendant guilty of conspiracy to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. § 841(a)(1), 841(b)(1)(B), and 846; (4) adjudicate Defendant guilty of possession with intent to distribute a mixture and substance containing a detectable amount of heroin in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(C); and (5) order that Defendant remain in custody pending sentencing or further order of this Court.

After reviewing the record, the Court agrees with Magistrate Judge Steger's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 154) 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 (lesser included offense) and Count Twelve of the sixteen count First Superseding Indictment is GRANTED;

2. Defendant's plea of guilty to Count One (lesser included offense) and Count Twelve of the sixteen count First Superseding Indictment is ACCEPTED;

3. Defendant is hereby ADJUDGED guilty of conspiracy to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine in violation of 21 U.S.C. § 841(a)(1), 841(b)(1)(B), and 846;

4. Defendant is hereby ADJUDGED guilty of possession with intent to distribute a mixture and substance containing a detectable amount of heroin in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(C); and

5. Defendant SHALL REMAIN in custody until further order of this Court or sentencing in this matter which is scheduled to take place on June 24, 2022, at 2:00 p.m.

SO ORDERED.