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United States v. Smith

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

February 18, 2015

UNITED STATES OF AMERICA,
v.
CRAIG EDWARD SMITH

ORDER

HARRY S. MATTICE, Jr., 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 Two of the thirty-count Superseding Indictment; (2) accept Defendant's plea of guilty to Count Two of the Superseding Indictment; (3) adjudicate Defendant guilty of the charges set forth in Count Two of the Superseding Indictment; (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) Defendant has been released on bond under appropriate conditions of release pending sentencing in this matter [Doc. 23]. 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. 23] pursuant to 28 U.S.C. ยง 636(b)(1) and ORDERS as follows:

(1) Defendant's motion to withdraw his not guilty plea to Count Two of the Superseding Indictment is GRANTED;
(2) Defendant's plea of guilty to Count Two of the Superseding Indictment is ACCEPTED;
(3) Defendant is hereby ADJUDGED guilty of the charges set forth in Count Two of the Superseding Indictment;
(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and
(5) Defendant SHALL REMAIN on bond under appropriate conditions of release pending sentencing in this matter which is scheduled to take place on May 4, 2015 at 9:00 a.m. [EASTERN] before the Honorable Harry S. Mattice, Jr.

SO ORDERED.


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