United States District Court, E.D. Tennessee, Chattanooga
March 11, 2015
UNITED STATES OF AMERICA,
JEROME ARNOLD SHERARD
REPORT AND RECOMMENDATION
WILLIAM B. CARTER, District Judge.
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on October 23, 2014. At the hearing, defendant entered a plea of guilty to Counts 1 and 11 of the Second Superseding 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 1 and 11 of the Second Superseding Indictment be accepted, that the Court adjudicate defendant guilty of the charges set forth in Counts 1 and 11 of the Second Superseding Indictment, and that the written plea agreement be accepted at the time of sentencing. I further recommend that defendant be taken into custody pending 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 Thursday, February 19, 2015, at 2:00 pm.