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United States v. Hixson

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

December 1, 2014

UNITED STATES OF AMERICA,
v.
GARY HIXSON

REPORT AND RECOMMENDATION

WILLIAM B. CARTER, District Judge.

Pursuant to 28 U.S.C. ยง 636(b), I conducted a plea hearing in this case on November 13, 2015. At the hearing, defendant entered a plea of guilty to Counts One, Two and Three 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 that the defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to Counts One, Two and Three of the Indictment be accepted, that the Court adjudicate defendant guilty of the charges set forth in Counts One, Two and Three of the Indictment, and that the written plea agreement be accepted at the time of sentencing. I further recommend that 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 defendant's sentencing date is scheduled for Monday, February 23, 2015, at 2:00 pm.


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