United States District Court, E.D. Tennessee, Chattanooga
October 14, 2014
United States of America
CHRISTOPHER A. JOHNSTON.
REPORT AND RECOMMENDATION
SUSAN K. LEE, Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on October 8, 2014. At the hearing, defendant moved to withdraw his not guilty plea to Count One of the two-count Indictment and entered a plea of guilty to Count One of the Indictment, in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find the defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by defendant; the plea is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; the defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
Therefore, I RECOMMEND defendant's motion to withdraw his not guilty plea to Count One of the Indictment be granted, his plea of guilty to Count One of the Indictment be accepted, the Court adjudicate defendant guilty of the charges set forth in Count One of the Indictment, and a decision on whether to accept the plea agreement be deferred until sentencing. I further RECOMMEND defendant remain in custody until sentencing in this matter. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.
The government made an oral motion to amend the indictment as to a typographical error of the spelling of defendant's first name as listed on the indictment. For good cause shown, the motion is GRANTED and the Clerk's office is instructed to correct the spelling of defendant's first name to "Christopher" if not spelled correctly on the docket sheet.