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U.S. v. FINLEY, 2:15-CR-148. (2015)

Court: District Court, S.D. Ohio Number: infdco20150623c69 Visitors: 21
Filed: Jun. 22, 2015
Latest Update: Jun. 22, 2015
Summary: REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY TERENCE P. KEMP , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P. and has entered a plea of guilty to Count one (1) of the Information. After examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determine that the defendant is competent and capable of entering an informed plea, that the guilty plea is knowingly and voluntary made and that the offenses
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REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY

The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P. and has entered a plea of guilty to Count one (1) of the Information. After examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determine that the defendant is competent and capable of entering an informed plea, that the guilty plea is knowingly and voluntary made and that the offenses charged are supported by an independent basis in fact containing each of the essential elements of such offense.

The plea agreement contains binding agreements concerning the Defendant's criminal history score and whether the sentence will run concurrently with any sentence imposed in another jurisdiction. It is up to the District Judge to determine whether such agreements are appropriate. If the District Judge does so determine, I RECOMMEND the plea agreement and the plea of guilty should be accepted and the Defendant should be adjudged guilty and sentenced accordingly. Otherwise, the plea agreement should be rejected and the defendant should be allowed to withdraw the guilty plea.

The Defendant remains on bond pending sentencing.

Source:  Leagle

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