Opinion
2:22-CR-14
01-05-2023
UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER L. BELCHER, Defendant.
REPORT AND RECOMMENDATION
Cynthia Richardson Wyrick, United States Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), I conducted a plea hearing in this case on September 22, 2022. At the hearing, Defendant entered a plea of guilty to Count One of the Indictment. He entered his plea without a plea agreement but based upon a factual basis agreed upon by Defendant and the United States. On the basis of the record made at the hearing, I find Defendant is fully capable and competent to enter an informed plea; the plea is made knowingly and with full understanding of each of the rights waived by Defendant; the plea is made voluntarily and free from any force, threats, or promises, apart from the promises in the plea agreement; Defendant understands the nature of the charge and penalties provided by law; and the plea has a sufficient basis in fact.
A Report and Recommendation was not entered immediately following the hearing held on September 22, 2022 due to an administrative oversight, but the change of plea was documented by the minute entry for the hearing [Doc. 19].
For these reasons, I RECOMMEND that Defendant's plea of guilty to Count One of the Indictment be accepted, that the Court adjudicate Defendant guilty of the charges set forth in that count. I further RECOMMEND that Defendant remain in custody until sentencing in this matter.
The parties have been advised that acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.
Respectfully submitted, NOTICE TO PARTIES
You have the right to de novo review of the foregoing findings by the district judge. 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 Monday, December 26, 2022. Failure to file objections within this time frame constitutes a waiver of any further right to challenge the plea of guilty in this matter. See 28 U.S.C. § 636(b).