U.S. v. Joyner

Full title: U.S. v. JOYNER

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

Date published: Nov 15, 2011

Case No. 4:11-cr-16 (E.D. Tenn. Nov. 15, 2011)

Opinion

Case No. 4:11-cr-16.

November 15, 2011.

ORDER

HARRY S. MATTICE, JR., UNITED STATES DISTRICT JUDGE.

MATTICE LEE

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 fourteen-count Indictment; (2) accept Defendant’s plea of guilty to the lesser included offense of the charge in Count One, that is of conspiracy to manufacture and distribute five (5) grams or more of methamphetamine (actual) or fifty (50) grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 846 and 841(b)(1)(B); (3) adjudicate Defendant guilty of the lesser included offense of the charge in Count One of the Indictment, that is of conspiracy to manufacture and distribute five (5) grams or more of methamphetamine (actual) or fifty (50) grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 846 and 841(b)(1)(B); (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. 201]. 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 [Doc. 201] 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 lesser included offense of the charge in Count One, that is of conspiracy to manufacture and distribute five (5) grams or more of methamphetamine (actual) or fifty (50) grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 846 and 841(b)(1)(B) is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the lesser included offense of the charge in Count One, that is of conspiracy to manufacture and distribute five (5) grams or more of methamphetamine (actual) or fifty (50) grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 846 and 841(b)(1)(B);

(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 Monday, January 23, 2012 at 2:00 p.m. before the Honorable Harry S. Mattice, Jr.

SO ORDERED.

ENTER: