Reported / Citable
Background
Dustin McClenny pleaded guilty to Count Two of the indictment, which charged possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1).
The district court had referred the guilty-plea proceeding to U.S. Magistrate Judge K. Nicole Mitchell under Federal Rule of Criminal Procedure 11. After conducting the Rule 11 hearing, Judge Mitchell recommended accepting McClenny’s plea and adjudging him guilty. Neither party objected.
The Court’s Holding
District Judge Jeremy D. Kernodle adopted the magistrate judge’s findings of fact and recommendation on McClenny’s guilty plea.
The court accepted McClenny’s guilty plea and found him guilty of Count Two, possession with intent to distribute methamphetamine. It deferred acceptance of the plea agreement until after reviewing the presentence report.
Key Takeaways
- The court adopted the unopposed Rule 11 recommendation concerning McClenny’s plea.
- McClenny was adjudged guilty of possession with intent to distribute methamphetamine under 21 U.S.C. § 841(a)(1).
- Acceptance of the plea agreement remains deferred pending review of the presentence report.
Why It Matters
The order separates acceptance of the defendant’s guilty plea and adjudication of guilt from the court’s later decision whether to accept the plea agreement. Sentencing-related review, including consideration of the presentence report, remains to come.