Opinion
CASE NUMBER 6:17-CR-00034-RC
11-30-2017
UNITED STATES OF AMERICA, v. RICHARD TRACY JOHNSON (8)
ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA
The court referred this matter to the Honorable John D. Love, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge John D. Love conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before the United States Magistrate Judge. The magistrate judge recommended that the court accept the Defendant's guilty plea. He further recommended that the court adjudge the Defendant guilty on Counts Seventeen and Thirty One of the Indictment filed against the Defendant.
The parties have not objected to the magistrate judge's findings. The court ORDERS that the Findings of Fact and Recommendation on Guilty Plea of the United States Magistrate Judge are ADOPTED. The court accepts the Defendant's plea but defers acceptance of the plea agreement until after review of the presentence report. The court ORDERS the Defendant's attorney to read and discuss the presentence report with the Defendant, and file any objections to the report BEFORE the date of the sentencing hearing.
It is further ORDERED that, in accordance with the Defendant's guilty plea and the magistrate judge's findings and recommendation, the Defendant, Richard Tracy Johnson (8), is adjudged guilty as to Count Seventeen of the Indictment charging a violation of 21 U.S.C. § 841(A)(1) - POSSESSION WITH THE INTENT TO DISTRIBUTE OR DISPENSE (METHAMPHETAMINE, COCAINE, HEROIN, CRACK COCAINE, MARIJUANA).
It is further ORDERED that, in accordance with the Defendant's guilty plea and the magistrate judge's findings and recommendation, the Defendant, Richard Tracy Johnson (8), is adjudged guilty as to Count Thirty One of the Indictment charging a violation of 18 U.S.C. § 924(C) - USE, CARRYING, AND POSSESSION OF A FIREARM DURING AND IN FURTHERANCE OF A DRUG TRAFFICKING CRIME.
So Ordered and Signed
Nov 30, 2017
/s/_________
Ron Clark, United States District Judge