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United States v. Brown

United States District Court, E.D. Tennessee, Chattanooga Division

November 17, 2014

UNITED STATES OF AMERICA
v.
RAYMOND SEAN BROWN

For Raymond Sean Brown, Defendant: Gerald H Summers, Marya L Schalk, LEAD ATTORNEYS, Summers, Rufolo & Rodgers, P.C., Chattanooga, TN.

For USA, Plaintiff: Terra Bay, LEAD ATTORNEY, U S Department of Justice (Chattanooga USAO), Office of U S Attorney, Chattanooga, TN.

REPORT AND RECOMMENDATION

SUSAN K. LEE, UNITED STATES MAGISTRATE JUDGE.

Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on November 14, 2014. At the hearing, defendant waived his right to prosecution by indictment and consented to proceeding on information rather than indictment, and entered a plea of guilty to Count 1 of the one-count Bill of Information pursuant to a written plea agreement. I find defendant made a knowing and voluntary waiver of indictment and consent to proceed before the magistrate judge. On the basis of the record made at the hearing, I find the defendant is 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 plea of guilty to Count 1 of the Bill of Information be accepted, and the Court adjudicate defendant guilty of the charges set forth in Count 1 of the Bill of Information, and a decision on whether to accept the plea agreement be deferred until sentencing. Defendant has been released on bond under appropriate conditions of release pending sentencing in this matter without objection. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.


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