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United States v. Slankard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION
Apr 30, 2021
CASE NUMBER 6:20-CR-00067-JDK (E.D. Tex. Apr. 30, 2021)

Opinion

CASE NUMBER 6:20-CR-00067-JDK

04-30-2021

UNITED STATES OF AMERICA, v. TROY DEE SLANKARD (3)


FINDINGS OF FACT AND RECOMMENDATION ON GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b), this matter has been referred by the District Court for administration of a plea of guilty under Rule 11 of the Federal Rules of Criminal Procedure.

On APRIL 29, 2021, this cause came before the undersigned United States Magistrate Judge for a plea of guilty to an indictment charging the Defendant in Count Six with a violation of Title 21 U.S.C. § 841(a)(1) - Possession with the Intent to Distribute Methamphetamine. After conducting said proceeding in the form and manner prescribed by Federal Rules of Criminal Procedure Rule 11, the undersigned finds that:

a. the Defendant, after consultation with counsel of record, has knowingly and voluntarily consented to the administration of the Guilty Plea in this cause by the Court, subject to a final acceptance and imposition of sentence by the Court;

b. the Defendant and the government have entered into a plea agreement which has been filed and disclosed in open court pursuant to Federal Rules of Criminal Procedure 11(c)(2);

c. the Defendant is fully competent and capable of entering an informed plea, that the defendant is aware of the nature of the charges, the maximum penalties, and the consequences of the plea, and that the plea of guilty is a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense; and

d. the Defendant understands each of the constitutional and statutory rights enumerated in Rule 11(b)and wishes to waive these rights, including the right to a trial by jury.

IT IS THEREFORE RECOMMENDED that the District Court accept the Plea Agreement and the Guilty Plea of the Defendant and that TROY DEE SLANKARD (3) should be finally adjudged guilty of that offense.

A party's failure to file written objections to the findings, conclusions and recommendations contained in this Report within 14 days after being served with a copy shall bar that party from de novo review by the District Judge of those findings, conclusions and recommendations and, except on grounds of plain error, from appellate review of unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. Federal Rules of Civil Procedure P. 72(b)(2); see Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).

So ORDERED and SIGNED this 30th day of April, 2021.

/s/_________

JOHN D. LOVE

UNITED STATES MAGISTRATE JUDGE


Summaries of

United States v. Slankard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION
Apr 30, 2021
CASE NUMBER 6:20-CR-00067-JDK (E.D. Tex. Apr. 30, 2021)
Case details for

United States v. Slankard

Case Details

Full title:UNITED STATES OF AMERICA, v. TROY DEE SLANKARD (3)

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

Date published: Apr 30, 2021

Citations

CASE NUMBER 6:20-CR-00067-JDK (E.D. Tex. Apr. 30, 2021)