Reported / Citable
Background
The United States charged Corey Montez Allen in Count One of an indictment with possession with intent to distribute methamphetamine, 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 recommended that the court accept Allen’s guilty plea and adjudge him guilty. Neither party objected to the findings and recommendation.
The Court’s Holding
District Judge Jeremy D. Kernodle adopted the magistrate judge’s findings of fact and recommendation on Allen’s guilty plea. The court accepted Allen’s plea and found him guilty of Count One, possession with intent to distribute methamphetamine under 21 U.S.C. § 841(a)(1).
The court deferred acceptance of the plea agreement until it reviews the presentence report. The order therefore adjudicated Allen guilty on the charged count without yet accepting the parties’ plea agreement.
Key Takeaways
- The court adopted the unopposed Rule 11 findings and recommendation of the magistrate judge.
- Allen was found guilty of possessing methamphetamine with intent to distribute.
- Acceptance of the plea agreement remains deferred pending review of the presentence report.
Why It Matters
The order resolves Allen’s guilt on Count One based on his guilty plea while preserving the court’s authority to evaluate the plea agreement after receiving the presentence report. It does not impose sentence or state whether the court will ultimately accept the agreement.