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govinfo:USCOURTS-tnwd-2_25-cr-20300-1

U.S. District Court for the Western District of Tennessee · 2026-05-28

· GavelSight synced 2026-09-06 03:50:23

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE 
WESTERN DIVISION 
______________________________________________________________________________ 
 
UNITED STATES OF AMERICA, 
 
 Plaintiff, 
 
v. Case No. 2:25-cr-20300-MSN 
 
FRANK ELEM, III, 
 
 Defendant. 
______________________________________________________________________________ 
 
ORDER ADOPTING REPORT AND RECOMMENDATION 
______________________________________________________________________________ 
 
 Pursuant to 28 U.S.C. § 636(b), Chief Magistrate Judge Tu Pham conducted a plea hearing 
in this matter on May 13, 2026. Af ter the hearing, C hief Magistrate Judge Pham filed a Report 
and Recommendation (ECF No. 47, “Report”), recommending that the Court (1) grant Defendant’s 
request to withdraw his not guilty plea to Count One of the Indictment; (2) accept Defendant’s 
guilty plea to Count One; (3) adjudicate Defendant guilty of 18 U.S.C. § 922(g)(1) as charged in 
Count One; and (4) order that Defendant remain on hi s current conditions of bond pending 
sentencing or further order of this Court. (Id.) 
 The Report provided notice that the parties had 14 days after service of the Report to file 
specific written objections to the proposed findings and recommendations and that failure to do so 
may constitute a waiver and/or forfeiture of objections, exceptions, and further appea l. Neither 
party has filed objections to the Report, and the period for doing so has expired. 
 After review, the Court agrees with the Report’s recommendation. Accordingly, pursuant 
to 28 U.S.C. § 636(b), the Court ACCEPTS and ADOPTS the Report and Recommendation (ECF 
No. 47) and ORDERS as follows: PageID
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(1) Defendant’s request to withdraw his not guilty plea to Count One of the Indictment 
is GRANTED; 
(2) Defendant’s guilty plea to Count One of the Indictment is ACCEPTED; 
(3) Defendant is hereby ADJUDGED guilty of violating 18 U.S.C. § 922(g)(1) as 
charged in Count One of the Indictment; and 
(4) Defendant SHALL REMAIN on his current conditions of bond pending 
sentencing or further order of this Court. 
 IT IS SO ORDERED, this 28th day of May, 2026. 
 s/ Mark S. Norris 
MARK S. NORRIS 
UNITED STATES DISTRICT JUDGE PageID
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