U.S. v. Hawkins

Full title: UNITED STATES OF AMERICA v. VINCENT HAWKINS

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

Date published: Jan 12, 2010

Case No. 1-09-CR-142 (E.D. Tenn. Jan. 12, 2010)

Opinion

No. 1-09-CR-142.

January 12, 2010

ORDER

CURTIS COLLIER, 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 Count One of the three-count Indictment; (2) accept Defendant's plea of guilty to the charge in Count One, that is of conspiracy to knowingly, intentionally and without authority distributing 500 grams or more of a mixture and substance containing cocaine, a Schedule II controlled substance, all in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B); (3) adjudicate Defendant guilty of the charge in Count One, that is of conspiracy to knowingly, intentionally and without authority distributing 500 grams or more of a mixture and substance containing cocaine, a Schedule II controlled substance, all in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B); (4) find Defendant shall remain in custody until sentencing in this matter (Court File No. 70). 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 (Court File No. 70) 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 of the Indictment is GRANTED;

(2) Defendant's plea of guilty to the charge in Count One, that is of conspiracy to knowingly, intentionally and without authority distributing 500 grams or more of a mixture and substance containing cocaine, a Schedule II controlled substance, all in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B) is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the charge in Count One, that is of conspiracy to knowingly, intentionally and without authority distributing 500 grams or more of a mixture and substance containing cocaine, a Schedule II controlled substance, all in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B);

(4) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Thursday, April 8, 2010 at 9:00 a.m. before the Honorable Curtis L. Collier.

SO ORDERED.