govinfo:USCOURTS-tned-3_20-cr-00073-1

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT KNOXVILLE 
 
 
UNITED STATES OF AMERICA  ) 
       ) 
v.       ) Case No. 3:20-CR-073 
       ) 
JOSHUA STEVEN BRINYARK   ) 
 
 
O R D E R 
 On November 18, 2020, United States Magistrate Judge C. Clifford Shirley 
conducted a change of plea hearing and filed a Report and Recommendation (“R&R”) 
recommending: (1) that the Court find that the plea hearing in this case could not be further 
delayed without serious harm to the interests of justice; (2) that the defendant’s plea of 
guilty to the charge in Count One  of the indictment be accepted; (3) that the defendant be 
found guilty of that charge; (4) that a decision on whether to accept the plea agreement be 
deferred until sentencing; and (5) that the defendant remain in custody until his sentencing 
hearing.  [Doc. 15].  No objections have been filed to the R&R, and the time for doing so 
has now passed.  See Fed. R. Crim. P. 59(b)(2). 
The Court has thoroughly reviewed the R&R.  Having done so, Magistrate Judge 
Shirley’s R&R [Doc. 15] is ACCEPTED and ADOPTED in full. 
Pursuant to 28 U.S.C. § 636(b)(1), it is ORDERED that:  
1.  The plea hearing conducted in this case on November 18, 2020, could not 
have been further delayed without serious harm to the interests of justice; 
 
 
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2.  The defendant’s plea of guilty to the charge in Count One of the 
indictment, that is, of knowingly escaping from custody, in violation of 18  
U.S.C. §§ 751(a) and 4082, is ACCEPTED; 
 
3.  The defendant is ADJUDGED guilty of Count One of the indictment;  
 
4. The decision whether to accept the parties’ plea agreement is 
DEFERRED until sentencing; and 
 
5.  The defendant shall remain in custody until sentencing, which is  
scheduled to take place on Tuesday, March 30, 2021, at 10:45 a.m. in 
Knoxville. 
 
IT IS SO ORDERED. 
ENTER: 
 
s/ Leon Jordan 
United States District Judge 
 
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