U.S. v. Nickerson, 1:17-cr-00150. (2018)
Court: District Court, W.D. Michigan
Number: infdco20180312a88
Visitors: 5
Filed: Feb. 22, 2018
Latest Update: Feb. 22, 2018
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on February 22, 2018, after receiving the written consent of defendant and all counsel. There is no written plea agreement. The agreement is oral. The defendant agrees to plead guilty to Count 1 of the Indictment in exchange for the Government moving to dismiss Count 2 of the Indictment at sentencing. Both parties agree that the plea is timel
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on February 22, 2018, after receiving the written consent of defendant and all counsel. There is no written plea agreement. The agreement is oral. The defendant agrees to plead guilty to Count 1 of the Indictment in exchange for the Government moving to dismiss Count 2 of the Indictment at sentencing. Both parties agree that the plea is timely..
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REPORT AND RECOMMENDATION
PHILLIP J. GREEN, Magistrate Judge.
Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on February 22, 2018, after receiving the written consent of defendant and all counsel. There is no written plea agreement. The agreement is oral. The defendant agrees to plead guilty to Count 1 of the Indictment in exchange for the Government moving to dismiss Count 2 of the Indictment at sentencing. Both parties agree that the plea is timely. At the hearing, defendant Kenneth L. Nickerson entered a plea of guilty to Count 1 of the indictment charging defendant with threats against a federal official, in violation of 18 U.S.C. § 115(a)(1)(B) and (b)(4). 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; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.
Accordingly, I recommend that defendant's plea of guilty to Count 1 of the indictment be accepted, and that the court adjudicate defendant guilty. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.
Source: Leagle
