U.S. v. Black, 1:18-cr-00128. (2018)
Court: District Court, W.D. Michigan
Number: infdco20180829b20
Visitors: 6
Filed: Aug. 13, 2018
Latest Update: Aug. 13, 2018
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted an arraignment on August 10, 2018, in the captioned case on the Superseding Felony Information charging him with possession of a short-barreled shotgun, in violation of 26 U.S.C. 5861(d). I also conducted a plea hearing, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Curtis Eugene-Darnell Black en
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted an arraignment on August 10, 2018, in the captioned case on the Superseding Felony Information charging him with possession of a short-barreled shotgun, in violation of 26 U.S.C. 5861(d). I also conducted a plea hearing, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Curtis Eugene-Darnell Black ent..
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REPORT AND RECOMMENDATION
PHILLIP J. GREEN, Magistrate Judge.
Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted an arraignment on August 10, 2018, in the captioned case on the Superseding Felony Information charging him with possession of a short-barreled shotgun, in violation of 26 U.S.C. § 5861(d). I also conducted a plea hearing, after receiving the written consent of defendant and all counsel. There is no written plea agreement. At the hearing, defendant Curtis Eugene-Darnell Black entered a guilty plea to the offense charged. During the colloquy to establish a factual basis to support the guilty plea, the defendant stated, among other things, that he was not aware that the barrel had been shortened. As that is one of the elements of the offense charged, I find that the plea has an insufficient factual basis.
Accordingly, I recommend that defendant's plea of guilty to the Superseding Felony Information not be accepted. I further recommend that the Court enter a not guilty plea on behalf of the defendant.
Source: Leagle
