U.S. v. Voorhies

Full title: UNITED STATES OF AMERICA v. CANDI VOORHIES

Court: United States District Court, E.D. Tennessee, at Winchester

Date published: Oct 6, 2009

Case No. 4:08-cr-37 (E.D. Tenn. Oct. 6, 2009)

Opinion

Case No. 4:08-cr-37.

October 6, 2009

ORDER

HARRY MATTICE JR., District Judge

Magistrate Judge Susan K. Lee filed a report and recommendation recommending the Court: (1) grant Defendant's motion to withdraw her not guilty plea to Count One of the twenty-one-count Indictment (2) accept Defendant's plea of guilty to the charge in Count One, that is of conspiracy to distribute and possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A); (3) adjudicate Defendant guilty of the charge in Count One, that is of conspiracy to distribute and possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A); (4) defer a decision on whether to accept the plea agreement until sentencing; and (5) find Defendant shall remain in custody until sentencing in this matter [Doc. 156]. 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. 156] pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:

(1) Defendant's motion to withdraw her not guilty plea to Count One of the Indictment is GRANTED;

(2) Defendant's plea of guilty to the charge in Count One, that is of conspiracy to distribute and possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A) is ACCEPTED;

(3) Defendant is hereby ADJUDGED guilty of the charge in Count One, that is of conspiracy to distribute and possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A);

(4) A decision on whether to accept the plea agreement is DEFERRED until sentencing; and

(5) Defendant SHALL REMAIN in custody until sentencing in this matter which is scheduled to take place on Monday, December 14, 2009 at 10:30 a.m. before the Honorable Harry S. Mattice, Jr.

SO ORDERED.