Filed: Feb. 20, 2018
Latest Update: Feb. 20, 2018
Summary: REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on February 8, 2018. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full understanding
Summary: REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on February 8, 2018. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full understanding o..
More
REPORT AND RECOMMENDATION
CHRISTOPHER H. STEGER, Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on February 8, 2018. At the hearing, Defendant entered a plea of guilty to Count One of the one count Indictment. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; it is made voluntarily and free from any force, threats, or promises; Defendant understands the nature of the charges and penalties provided by law; and the plea has a sufficient basis in fact. Acceptance of the plea, adjudication of guilt, acceptance of the Plea Agreement, and imposition of sentence are specifically reserved for the District Court Judge.
I therefore recommend that the Court: (1) grant Defendant's motion to withdraw his not guilty plea as to Count One of the one count Indictment; (2) accept Defendant's guilty plea as to Count One of the one count indictment; (3) adjudicate Defendant guilty of knowing possession of material which contained an image of child pornography that had been mailed, shipped and transported in interstate and foreign commerce by any means, including by computer in violation of Title 18, United States Code, Section 2252A(a)(5)(B) and 2252A(b)(2); and (4) order that Defendant remain out of custody subject to the Order Setting Conditions of Release [Doc. 8] until sentencing or further order of the Court.
The Defendant's sentencing hearing is scheduled on May 18, 2018, at 9:00 a.m.
NOTICE TO PARTIES
You have the right to de novo review by the district judge of the foregoing findings. Any application for review must be in writing; must specify the portions of the findings or proceedings objected to; and must be filed and served no later than fourteen (14) days after the plea hearing. Failure to file objections within fourteen days constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).
