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U.S. v. Fehler, 1:18-cr-00230. (2018)

Court: District Court, W.D. Michigan Number: infdco20181228889 Visitors: 16
Filed: Dec. 12, 2018
Latest Update: Dec. 12, 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 December 12, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Alan Fehler 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 conversion of publi
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REPORT AND RECOMMENDATION

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on December 12, 2018, after receiving the written consent of defendant and all counsel. At the hearing, defendant Michael Alan Fehler 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 conversion of public money, in violation of 18 U.S.C. § 641. 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 take no position as to whether the Court should accept the Rule 11(c)(1)(C) provision in paragraph 9 of the plea agreement (see ECF No. 3, PageID.7). I specifically reserve to the district judge the decision as to whether to accept that provision.

Should the Court accept the Rule 11(c)(1)(C) provision, I recommend that defendant's plea of guilty to the Felony Information be accepted, that the court adjudicate defendant guilty, and that the remainder of 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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