United States v. Moore

Full title: UNITED STATES OF AMERICA v. JAMES EDWARD MOORE

Court: United States District Court, Eastern District of Tennessee

Date published: Aug 27, 2021

1:20-cr-090 (E.D. Tenn. Aug. 27, 2021)

Opinion

1:20-cr-090

08-27-2021

UNITED STATES OF AMERICA v. JAMES EDWARD MOORE

TRAVIS R. MCDONOUGH, UNITED STATES DISTRICT JUDGE.

Susan K. Lee, Magistrate Judge.

ORDER

TRAVIS R. MCDONOUGH, UNITED STATES DISTRICT JUDGE.

Magistrate Judge Susan K. Lee filed a report and recommendation recommending that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One and Count Two of the two-count Indictment; (2) accept Defendant's guilty plea to the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and to Count Two; (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and Count Two; (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. 23). Neither party filed a timely objection to the report and recommendation. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge's report and recommendation (Doc. 23) 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 and Count Two of the two-count Indictment is GRANTED;

2. Defendant's plea of guilty to the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and Count Two is ACCEPTED;

3. Defendant is hereby ADJUDGED guilty of the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to distribute 5 grams or more of methamphetamine (actual) and 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and Count Two;

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 November 19, 2021 at 9:00 a.m. [EASTERN] before the undersigned.

SO ORDERED.