Reported / Citable
Background
Marcus Germain Pellum was charged in count two of the superseding indictment with possession with intent to distribute fentanyl, in violation of 21 U.S.C. § 841(a)(1).
The district court referred the guilty-plea proceeding to U.S. Magistrate Judge John D. Love under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, the magistrate judge issued findings and recommended acceptance of Pellum’s guilty plea. Pellum waived his right to object to those findings.
The Court’s Holding
District Judge J. Campbell Barker accepted the magistrate judge’s findings of fact and recommendation. The court accepted Pellum’s guilty plea and found him guilty of count two of the superseding indictment.
The court did not yet accept the plea agreement. It deferred that decision until reviewing the presentence report.
Key Takeaways
- The court accepted Pellum’s guilty plea to possession with intent to distribute fentanyl.
- Pellum was adjudged guilty on count two of the superseding indictment under 21 U.S.C. § 841(a)(1).
- Acceptance of the plea agreement remains pending review of the presentence report.
Why It Matters
The order resolves Pellum’s guilt on the fentanyl charge while leaving the plea agreement for later consideration. The case will proceed to presentence review and subsequent sentencing-related proceedings.