Opinion
CRIMINAL NO. 6:13-cr-00137-1
07-09-2014
UNITED STATES OF AMERICA v. SHAWN A JOLIVETTE a/k/a SHON ALIK JOLIVETTE
JUDGE FOOTE
MAGISTRATE JUDGE HILL
REPORT AND RECOMMENDATION ON FELONY GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE
Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral consent of the defendant, this matter has been referred by the District Court for administration of Guilty Plea, and Allocution under Rule 11 of the Federal Rules of Criminal Procedure.
This cause came before the undersigned U. S. Magistrate Judge for a change of plea hearing and allocution of the defendant, Shawn A. Jollivette, on June 25, 2014. Defendant was present with his counsel, Carol Whitehurst.
After said hearing, and for reasons orally assigned, it is the finding of the undersigned that the defendant is fully competent, that his plea of guilty is knowing and voluntary, and his guilty plea to Count two of the Superceding Indictment is fully supported by a written factual basis for each of the essential elements of the offense.
Therefore the undersigned U.S. Magistrate Judge recommends that the District Court ACCEPT the guilty plea of the defendant, Shawn A. Jollivette, in accordance with the terms of the plea agreement filed in the record of these proceedings, and that Shawn A. Jollivette be finally adjudged guilty of the offense charged in Count One of the Superceding Indictment. It is further recommended that the District Court ACCEPT defendant's agreement to forfeit and abandon his interest in any assets seized as a result of the investigation of this matter and described in the consent forfeiture documents.
Under the provisions of 28 U.S.C. § 636(b)(1)(C) and F.R.C.P. Rule 72(b), the parties have fourteen (14) days from service of this Report and Recommendation to file specific, written objections with the Clerk of Court. A party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. A courtesy copy of any objection or response or request for extension of time shall be furnished to the District Judge at the time of filing. Timely objections will be considered by the District Judge before she makes a final ruling.
A PARTY'S FAILURE TO FILE WRITTEN OBJECTIONS TO THE PROPOSED FINDINGS, CONCLUSIONS AND RECOMMENDATIONS CONTAINED IN THIS REPORT WITHIN FOURTEEN (14) DAYS FROM THE DATE OF ITS SERVICE SHALL BAR AN AGGRIEVED PARTY, EXCEPT ON GROUNDS OF PLAIN ERROR, FROM ATTACKING ON APPEAL THE UNOBJECTED-TO PROPOSED FACTUAL FINDINGS AND LEGAL CONCLUSIONS ACCEPTED BY THE DISTRICT JUDGE.
THUS DONE AND SIGNED in Chambers, at Lafayette, Louisiana, July 9, 2014.
/s/_________
C. MICHAEL HILI
UNITED STATUS MAGISTRATE JUDGE