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U.S. v. CONOVER, 1:14-cr-00200. (2014)

Court: District Court, W.D. Michigan Number: infdco20141120d05 Visitors: 9
Filed: Nov. 03, 2014
Latest Update: Nov. 03, 2014
Summary: REPORT AND RECOMMENDATION ELLEN S. CARMODY, Magistrate Judge. Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on November 3, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Brian Francis Conover entered a plea of guilty to the Felony Information in exchange for the undertakings made by the government in the written plea agreement. In the Felony Information, defendant is charged with adulteration of food af
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REPORT AND RECOMMENDATION

ELLEN S. CARMODY, Magistrate Judge.

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on November 3, 2014, after receiving the written consent of defendant and all counsel. At the hearing, defendant Brian Francis Conover entered a plea of guilty to the Felony Information in exchange for the undertakings made by the government in the written plea agreement. In the Felony Information, defendant is charged with adulteration of food after shipment in interstate commerce in violation of 21 U.S.C. §§ 331(k), 342(b)(1-3) and 333(a)(2). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

I therefore recommend that defendant's plea of guilty to the Felony Information be accepted, that the court adjudicate defendant guilty, and that the written plea agreement be considered for acceptance at the time of sentencing. Acceptance of the plea, adjudication of guilt, acceptance of the plea agreement, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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