Stephenson v. Carpenter (DPLC)

Filing 214

ORDER denying with leave to refile 204 Motion to Withdraw Petition for Writ of Habeas Corpus. Signed by District Judge Travis R McDonough on 3/7/2023. (CNC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
UNITED STATES OF AMERICA
v.
EVERETT LEBRON HICKS

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Case No. 1:22-cr-102
Judge Travis R. McDonough
Magistrate Judge Christopher H. Steger

ORDER
United States Magistrate Judge Christopher H. Steger filed a report and recommendation
(Doc. 27) recommending that the Court: (1) grant Defendant’s motion to withdraw his not guilty
plea to Count One of the one count Indictment; (2) accept Defendant’s guilty plea to Count One
of the one count Indictment; (3) adjudicate Defendant guilty of possession of a firearm by a
convicted felon in violation of 18 U.S.C. § 922(g)(1); and (4) order that Defendant remain out of
custody subject to the Order Setting Conditions of Release (Doc. 10) pending sentencing or
further order of this Court.
Neither party filed a timely objection to the report and recommendation. After reviewing
the record, the Court agrees with Magistrate Judge Steger’s report and recommendation.
Accordingly, the Court ACCEPTS and ADOPTS the magistrate judge’s report and
recommendation pursuant to 28 U.S.C. § 636(b)(1) and ORDERS as follows:
1. Defendant’s motion to withdraw his not guilty plea to Count One of the one count
Indictment is GRANTED;
2. Defendant’s plea of guilty to Count One of the one count Indictment is ACCEPTED;
3. Defendant is hereby ADJUDGED guilty of possession of a firearm by a convicted felon
in violation of 18 U.S.C. § 922(g)(1); and

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4. Defendant SHALL REMAIN out of custody subject to the Order Setting Conditions of
Release (Doc. 10) pending further order of this Court or sentencing which is scheduled to
take place on June 9, 2023, at 9:00 a.m., before the undersigned.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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