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U.S. v. BEATTY, 2:15-CR-155. (2015)

Court: District Court, S.D. Ohio Number: infdco20150918821 Visitors: 29
Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: ORDER GEORGE C. SMITH , District Judge . On August 5, 2015, the Magistrate Judge issued a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1), recommending that the Court accept Defendant's plea of guilty to an Information charging him with violating the Native American Graves Protection and Repatriation Act by engaging in the willful and knowing purchase of human remains of a Native American, without the right of possession to those remains, in violation of 18 U.S.C. 1170(a). D
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ORDER

On August 5, 2015, the Magistrate Judge issued a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), recommending that the Court accept Defendant's plea of guilty to an Information charging him with violating the Native American Graves Protection and Repatriation Act by engaging in the willful and knowing purchase of human remains of a Native American, without the right of possession to those remains, in violation of 18 U.S.C. § 1170(a). Defendant, represented by counsel, waived his right to appear on the matter before a District Judge. The Magistrate Judge conducted the colloquy required by Rule 11 of the Federal Rules of Criminal Procedure. Defendant's plea was knowing, voluntary, free from coercion, and had a basis in fact.

Defendant was specifically informed of his right to contest the Report and Recommendation by filing any objections within 14 days of the issuance of the Report and Recommendation pursuant to 28 U.S.C. §636(b)(1)(B) and Rule 72(b) of the Federal Rules of Civil Procedure. Defendant did not file any objections.

Accordingly, the Court ADOPTS the Report and Recommendation and ACCEPTS Defendant's plea of guilty to the Information. Defendant is hereby adjudged guilty of violating the Native American Graves Protection and Repatriation Act, in violation of 18 U.S.C. § 1170(a).

IT IS SO ORDERED.

Source:  Leagle

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